Defective Product Recall System

19 century is an era of labor campaign, while 20 century is an era of consumer campaign. The defective product recall system with its unique function of maintaining social pubic safety and protecting consumers' rights and interests, has been carried out in many western developed countries since its establishment in USA in 1960s. And the rule becomes more mature than before because of several-year development. In 2004, the publishing and implementing "the regulations of defective automobile", a favorable beginning was set up for future all-around regulations of all kinds of defective products.Undoubtedly, the designing and implementing the system of defective product recall which is a new law system, is closely related with previous law system, therefore it is necessary to study the legislation.The thesis includes four parts:In the first part, the definition of the defective product recall system is discussed by introducing different comprehensions by the government and the academia. Analyzing the main divergence, I think that the key point to the definition of the defective product recall system is to confirm the obligation of the producer and the concrete ways of recalling products.Through the analysis of who should be responsible to be recalled and the generalization of the rules of recalling product in foreign countries, my own conclusion of the definition was put forward finally. Then, by making a comparison between the rule of recalling and the existing post-sale services, the regulation of "three responsibilities", buying back products and damage compensation, it can further understanding the system.In the second part, the thesis introduces and analyzes the examples of the rules in related countries and the Taiwan region, kinds of products recalled and so on. Meanwhile, the thesis points out the necessity of establishing the rule. Mainly according to "the regulation of defective automobile" and by use of the method of comparing study, the disadvantages of the existing mechanic arrangement and managerial pattern are advanced.In the third part, the law basis of the rule of recalling defected products is demonstrated from the prospective of law philosophy, the consumer-protecting law, the contract law and tort law. The further demonstration was brought forward by analyzing the existing laws and regulations in order to resolve the inevitable theoretical problem in establishing the system.In the forth part, a series of suggestions to establish the rule of recalling defective products in China is given, which includs law-making pattern, law-making principle, the main body of law-enforcing and recalling, the standard and way of recalling, the procedures of recalling, the responsibilities of the body failing to recalling and so on. By the way of comparative study, I think the law-making pattern of general law plus specific law be suitable, the main principles of public safety, integrity, compulsory recalling be included, the main body of enforcement with reference to the way in USA be charged by different departments including producers, sellers and importers, the unique standard that a defected product is determined if there is "an unreasonable danger" be set, the way of recalling include recalling, buying back and replacing, the procedures involve general and easy procedures, administrative and penal punishment be employed to deal with not recalling, and reputation punishment be adopted according to the records by business administration in recalling.