The Deficiency And Perfection Of The Defective Product Recall System In China

The event of Toyota"recall door"in 2010 triggers a global manufacturers and consumers' concern. China has become as the world's first motor production and sales power, but the consumers' rights field seemed did not reflect the corresponding position. Instead, the world automobile industry giant global recalls often "ignore" Chinese market. Why does Chinese market always be recalled products vacuum zone? The root cause is the lack of the defective product recalls perfect legal system. Starting-up and accelerating product recall legislation process, and consummating the consumer rights and interests relief legal framework as soon as possible, can solve the public safety issues of the defective products entered the market , and it is the obvious choice of the market economy further development and improvement. Now, more and more Chinese companies recognize that Defect product recall system is good for long-term development of enterprises, and only put the consumer's interest first, can eventually win consumer trust. In a word, the defect product recall law, is the win-win corporate institutionalized basis of consumer rights and interests safeguard and the enterprises'long-term interest. Toyota and computer, both are reminding us, it's the time to establish the legislation of product recall.After the "recall door" in China, we should reflect the relevant legislation product recall system. This paper, starts from basic concept definition, on the basis of the comparative study abroad defect product recall system in developed countries, establishes accords with national conditions, conforms to the international prevailing rules defect product recall system. Article is divided into three parts: the preface introduces that the defective products in China due to personal and property damage and consumers for public security threat because our country is increasingly conspicuous, our country's imperfect legislation caused consumers difficult, aims at explaining the defective product recall system perfecting relevant legislation and mechanism was significant, also explains this research scope and research methods.The first chapter is about defective product recall system of basic analytical. It introduces a defective product, defect product recall system concepts, and comparing with the relevant concepts, in order to accurately defined its connotation.Chapter 2 is about a defective product recall system for foreign comparative studies, through two angles from substantive law and procedural law. On the part of substantive law, just compare duty part of the legislative system the cognizance of imputation analysis and ensuring measures for an investigation; On the part of procedural law, the article examines the competent agencies and the implementation of recall program concrete operation problem.The third chapter is constructing and perfecting our defect product recall system. This is the core of this study, but also innovative points. In view of the existing relevant product recall system for the legislation, and points out that the current legislation introduced the disadvantages of the present, and then puts forward some points of view. Based on the defect product recall system abroad, this paper put forward with the situation of our country, construct and perfect our country's defect product recall system's suggestions: first of all is to perfect the current law, to prevent recall legal blank appear again; Secondly, establish the authority of product recall, improve the product quality supervision system; Finally aims to put the recall of legislation related defective products supporting mechanism suggestionDuring the course of writing this thesis, I try to collect more material, and then to analyze and summarize, to offer the help for the theory of our country's defect product recall system.