Defective Product Recall Legal System

Recall of defective products is a hot spot of society in recent years. Recalls system on defective product can protect public interest, also is the manifesting of concerned government department transforms the idea and exercises public administration function. It is an inevitable tendency to establish the recall system on defective products in our country.This article is divided into four parts. The first part briefly introduces the background and the economic theory basis which the system produced, compares "recall" with several similar concepts, summarizes the concept of the defective products recall system, and analyses the essence of fairness, community-based concepts embodied in the adjustment target and the implementation of the system, points out its nature of economic law.Developed countries like US, Japan, the European Union and so on have already established the recall system on defective products. The second part focuses on analyzing correlation legislation of overseas countries, and summarizes some beneficial experiences.The third part is about the evaluation about the legislation and practice of products recall at the present stage in our country. There are no explicitly stipulated articles on the product recall. And the product safety standards and security standards are lagging behind the reality of social needs. In 2004 our country issued "the Recall Management Regulation on Defective Automobile Products", takes the lead in the automobile product domain to establish recall system. Valuable attempts in Food, drugs and other product domains have being carried on. But generally speaking, a recall system for all products has not yet been established in our country. The applicable scope of recall system is restricted in the automobile products at present. People still have some fuzzy understanding regarding recall system. Also the legislation mentality is not clear, various departments, areas have each stipulation respectively, and recall system not unified coordination.On the base of other countries' legal experiences and the current situation in...