Defective Product Recall Legal System

Defective product recall system has been widely established and implemented by the countries. It has been proved that a sound, efficient recall system for defective products will not only be beneficial to producers and sellers to establish their quality awareness and sense of integrity, but also be beneficial to secure consumer safety and protect public interests.The recall system for defective products in China has only been established recently, and after nearly a decade of development, China has preliminarily established a recall system for defective products, and the then existing law and rules includes Tort Liability Law and Food Safety Law as the higher law, and Auto Recall Rules, Children Toys Recall Rules, Food Recall Rules and Drug Recall Rules and other administrative regulations of local government as well. However, the defective products recall system in China is still inadequate, which is needed to be further improved.Based on the discussion of several legal issues in he defective product recall system, the author has proposed a number of suggestions on how to establish and improve the judicial interpretation and administrative legislation in the field of defective product recall. This article is divided into four chapters as discussed.The first chapter is an overview of the defective product recalls, in which the basic concept as product recall and product defect has been introduced, and how them are interpreted in different countries and regions, and the legal characteristic and necessity have been analyzed, and finally, the similarity and differences between defective product recall and "Three Guaranties" system, after-sale system and forced recall system has been compared and introduced.In the second chapter, our defective products recall legal system has been investigated. The chapter introduces the development process of the defective products recall system, and describes rules and legal applications of then existing and effective rules for defective products recall. Based on the legal analysis of the current rules, the author raises the problems and missing of our current legal system of defective products recall.In the third chapter, the author has made an analysis of the defective products recall systems in common law and civil law countries and region through comparative analysis method. By taking the United States, Australia, the European Union and Taiwan Region of China as examples, a defective product recall systems are introduced in the aspects of liability subject, standards of defect, scope of compensation, recall procedures and administrative supervision and etc. Then, in combination of the actual situations in our country, the author proposes several points for our countries according to the defective product recall systems of foreign countries and other regions.Finally, on the basis of the first three chapters, the author discusses how to improve our recall system for defective products. First of all, the author believes that, due to the current situation of our legislation, it is comparatively advisable way is to keep the current legal system while to push the Supreme Court issue an judicial interpretation regarding Tort Liability Law and the State Council issue administrative legislation regarding the recall of general products. Third, the author advises in the proposal of judicial interpretation of the Supreme Court shall include the main responsibility for product recalls, defects standards and the scope of compensation standard reasonably defined. Finally, the author suggests in the proposal of administrative legislation of the State Council shall include methods of recall, recall procedures, authorities, and administrative penalties.In the process of writing this thesis, the author has been fully aware of the problems of the defective product recall system, which is limited in securing the consumer safety and protecting of the public interest. Through analysis of the problems and shortcomings of current legal system, the author proposes judicial interpretation and administrative legislation advice, to further refine and improve the defective products recall system in our country.