Construction Of China's Defective Product Recall System

With the competition in markets turns crude, the update cycle of products is shortened. In order to win in market campaign, enterprises generally research and develop new products, accelerate the speed of production. Hoping to dominate the market, the enterprises try their best to shorten the time that new products appear in the market. This competitive strategy plays a important role in market competition, but unavoidably, the possibility of technological risk and defect produces increases at the condition of new products not have been fully tested. The harm that defect products bring is far greater than the ordinary subquality products. The consumers damaged by the defect products are the disadvantaged groups. They can hardly grasp manufacturer's defect evidence, because information is asymmetric. Facing enterprises that purse the greatest interests, the consumer hardly can get the rational compensation and information that they should obtain. The number of defect products is large and the harm the defect products bring is great and extensive. Single consumer's prosecution can't attract the manufacturer's attention to dispel the risk and punish the manufacture. Only the government's involvement can safeguard the public's health and property to the maximum extent. The defect products recall system is designed to dispel the risk timely and effectively under the government's involvement. This article aims at disclosing gaps and omissions of the defect products recall system in our country, then put forward some suggestions in structuring the recall system of our country, in order to offer some help to legislators. The article is divided into three parts, the defect products recall system summary, the international and domestic comparative research of defect produces recall system, constructing the defect products recall system of our country, amount to about 48,000 words. Part I define the defect products recall system. Describe its characteristic and historical evolution. Analyses the necessity of government involvement, then analyses the nature of the product recall. Moreover, summarize the legislations of defect products recall both at homeand aboard. Differentiate and analyses defect products recall and three guarantees, regain by force, recovery, general civil compensational liability, quality authentication, defect products management system to prove that there are obvious differences and not conflict between recall and the relevant system. Finally, analyses the function and meaning of setting up the recall system in our country. These establish the theoretical foundation for study the defect products recall system.Part II compare domestic and international defect products recall system emphatically. The countries that implement the recall abroad are mainly western developed ones, Their recall system are closely related with legislative system and management mode, so this article carries on deep comparative research in these, combining the actual conditions of our country. Then compare and analyses the question in recall practice, such as, recall object, recall procedure, participant's rights and obligations, recall effectiveness, in order to offer reference for constructing the recall system of our country.Part III states systematically the many loopholes of the existing legislative system, based on the previous two parts. Then this article propose the overall plot of structuring the defect products recall system: improve the existing relevant law, make the special laws and regulations system of defect products recall, authorize the authority to carry out the recall and make the concrete regulations. Finally, this article proposes the recall system need to set up effective information process system, authoritative committee of experts, objective and just check organization and strengthen the management inside enterprises besides law.At the end of the article, the author summarizes the insufficient point of the article and proposes a few legislative suggestions.