Defective Product Recall System

"Flaw Automobile product Recalls Management Stipulation" to be implemental ready more than two years of time in our country, has obtained the certain effect, but because is restricted in the automobile product , therefore, which cannot meet the realistic need by far with the society develops."Flaw top and child thing recall management Stipulation ," "Flaw product Act of administration" are all in the tight making. This had indicated the Chinese already realized the valve that the flaw product recalls system existing . Thus, the Chinese are establishing gradually our own flaw product recall system.The flaw product recalls is the manufacturer (importer ,seller and soon)determined the product in the effective lifetime memory after the system flaw, according to flaw serious situation formulation and so on degree, flaw product quantity and distribution recalls the procedure and the measure activity, which is carries on under the government department responsible for the work's surveillance or the instruction adopts the repair, the replacement to the flaw product or gives back and so on. The flaw product recalls system has the characteristic: Recalls the main body to be widespread ; Rests on legality; reason specific; effectiveness for a period of time ;information manifested ;The way has voluntarily recalls and forces to recall, namely recall system under the government department responsible for the work surveillance on own initiative recalls or the government forces under the request to carry on recalls. Recalls system origins form US. along with the advance of intechnology, the social complex degree intensifies ,the consumer rights and interests protection is day by day important ,the flaw product recall system is established universally in other countries Along with our country economy development, the flaw product recalls system in the automobile product domain also is established. The flaw product recalls system and our country extant product three packages forces to take back ,the civil compensation ,the enterprise post—sale service and so on havecertain difference.The theory question about the flaw product recalls system mainly involve necessary, the law territory attribute, the theory basis which the flaw product recalls on and so on . First, the speaking of the necessity of establishing the flaw product recalls:(1)is advantageous to protecting consumer's person property safety, promoting expense;(2)is advantageous to implementing flaw product recalls system safely (3) is advantageous to the promotion enterprise's development ,raising people's material life level . (4) can fully manifest the humanist social value .Next, from the economic rules and regulations concept, the controlled member, the sanction method, the function angle, the flaw product recalls system is supposed to belong to the economic rules and regulations domain in the law territory category. Once more ,the law value theory, the abuse of authority theory as well as the consumer rights and interests protection theory all request the establishment flaw product recalls system.The main content of the flaw product recall system includes the legislation system, the management pattern, the law enforcement main body, the voluntary main body , recognized the standard, the legal liability as well as recall procedure and so on .First, looks over legislation pattern of the overseas flaw product system, mainly has two kinds ,namely the statute book and the disperser. The two kinds respectively has its own basis of existence. The recalls way also mainly has two kinds :the voluntary authentication, forces to recall as well as forces to authenticate, voluntarily to recall, which also respectively uses in different country; Next ,the standard of the flaw product recall is constructing the foundation of the flaw product recall system, but the flaw product recall standard also is unceasingly developing. Therefore ,we must emphasize the standard of the flaw product system. Once the product was considered conforms to the flaw product standard, the voluntary main body has the duty to recall. The law enforcement main body carries on the surveillance for the process which recalls to the voluntary main body. When the voluntary main body refuses recalls , the law enforcement main body forces the voluntary main body to recall; Finally , the flaw product recalls should defer to the certain procedure to carry on. The procedure may divide into the general procedure and the simple procedure. According to the flaw product category and the influence size, we can choose appropriately recalls procedure.The conception of perfecting our country flaw product recalls system. At present, the main question in the flaw product recalls system includes : (1)lacks the basic legal rule about the flaw product recalls , recalls mainly depends on the administration department surveillance inspection and the media surveillance and the public opinion pressure implements;(2) the aspect legal liability of recalls to be unclear , the legal effect safeguards with difficulty; (3) the legislation level about the flaw product recalls to be lower ,cannot solve every kind of questions existing in the flaw product recalls and so on. Therefore, we need to carry on the study ,the model in other countries to perfect our own flaw product recalls system. This article proposes some shallow views on our country legislation situation and questions, which is the innovation of the article. First, solves the legal level question of the Chinese flaw product recalls. The promotion of the legislation position step about the flaw product recalls, performs the standard by the standing committee of the national people's congress through the legislation way , chooses on the promotion legislation position step suits the Chinese national condition to the flaw product to recall the legislation pattern , draws up the unified product to recall the legislation , draws up the product in the concrete domain to recall the special law again, definite the legal principle of the flaw product recalls system ;Next, further consummates to the flaw and the flaw product recognizing , establishes object which our country flaw product recalls has , and perfect voluntary main body and law enforcement main body of our country flaw product recalls. Finally, in order to realize the recalls system smoothly , we should establish the punitive compensation responsibility system ,simultaneously further consummates the procedure which the flaw product recalls has.