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On Defective Product Recall System

Posted on:2007-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2206360182490882Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The recall system of defect products developed perfectly step by step accompany with the development of market economy, which is very important for consumers' maintenance , property security , social welfare and public security, which promotes our economy sustainable and stable . This system originated from America in 1960s' which developed perfect in the developed countries such as European countries , Japan and Korea etc, but in China the recall system is not perfect at present. Recently , there are some cases that cause consumers' benifits to damage owing to the defect products, because we lack teh relevant law and regulation that couldnot solve the problem, so it is important for us to develop the recall system to protect the consumeres' benifits and social benifits.The first part of this paper through the comparative analysis method, recalled the product, the product defect to the defect product which the system involved, recalls the system and so on the basic concept to make a more detailed analysis. Through the Chinese and foreign correlation law, the laws and regulations contrast analysis, points out our country present legal rule the insufficiency.The second part mainly recalled the system to the defect product to carry on the introduction in the overseas implementation some system pattern classifications. A kind is take US as representative, the implementation is "the enterprise self- authentication, the government forces to recall";Another kind is take Europe and Japan as representative, the implementation is "the government forces to authenticate, the enterprise freely recalls". Recalled the system in this process to it from the defect product from the legislation style, the cognizant agency, recalls the procedure, recalls the information announcement and so on to carry on the analysis comparison, legislated for our country provides the model;Recalls the aspect to our country correlation law in about the defect product the stipulation to do by summarizes.The third part is this article key point, to established the defect product to recall the system emphatically some legal questions to carry on a more thorough discussion, discussed following several aspects issue with emphasis in the third part: 1.The defect product recalls legal duty;2.The defect product recalls scope;3.Product defectrecognizing;4.The defect product recalls responsibility main body;5.The defect product recalls effectiveness for a period of time;6.The defect product recalls the processing way, in the analysis foundation, further proposes own viewpoint.The forth part unifies our country the special details, proved has established the defect product in our country to recall the system necessity, obtained must establish conforms to our country national condition defect product to recall the system the conclusion. How regarding founds our country the defect product to recall the legal system in the question, proposed first must base in the existing legal foundation, performs to the related legal laws and regulations to consummate. Further proposed about establishes our country defect product to recall the system the legal advice: One, must determine legislation the style;Two, confirmed the product recalls cognizant agency;Three, is clear about the product to recall the information the issue system;Four, explicitly stipulated the product recalls the procedure;Five, is clear about the penalty measure;Six, establishes by administrative supervising and managing supervising and managing and the examination system which recalls for the core defect product.In this paper creation process, the author deep deeply feels to our country to the product quality question surveillance and the management insufficiency. For better protection consumer benefit and social public interest. Sincere hoped our country will be able soon to establish the consummation the defect product to recall the system.
Keywords/Search Tags:Product, Product Defect, Products Liability, Recall System
PDF Full Text Request
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