China Defective Products Recall System Legal Issues

Defect product recall system was originated in the United States in the1960s. In 2004, "Regulations of Defect Automobile Product Recall" were issued inChina, which signifies the start of the legislation of product recall in China.However, an overall product recall legislation system is yet to be established, andfurther study is also needed for theorization. Employing the method of normalizationresearch, this thesis starts from the basic principles of the responsibilities invovled inthe defect product recall system. A detailed analysis is given to the position ofdifferent parties in the different legal paradigms and procedures and their rights andobligations. According to the current situation in China and successful legislationexperience abroad, suggestions are provided for an overall legilation of defectproduct recall in China.The thesis is composed of four parts.Based on a historical and comparative study, the first part analyzes the originand development of the theories of product recall system. Case study is given toexplain the establishment and development of the product recall system abroad. Thestrengths and shortcomings in the legislation abroad illuminate the direction weshould take in establishing the system.The second part deals with the legal position of parties involved in the defectproduct system under the current political and economic circumstances. Thediscussion defines the position of the three parties in different paradigms anddifferent procedures, as well as the position change of each party and coordination inbetween. While establishing multi-dimensional and multi-level development of thegovernment managerial section, it also requires that the government managerialsection takes on the role of "watcher" and "public welfare protector", as well as the"enforcer" of the regulation. The sellers' interest should also be taken intoconsideration when protecting the interest of consumers. While maintaining theinterest of consumers is the key idea of the system, the thesis also suggests that thelaw and policy should encourage a more rational consumer community. This part ofthe thesis challenges the traditional theory on the consumer law and suggests morepractical idea in balancing the relationship between the consumer and the seller.The third part discusses the rights and responsibilities of different parties in thedefect product recall system. From the point of view of the seller as well as theconsumer, the thesis suggests three categories of rights for the seller in the activerecall of the defect products and four categories of responsibilities in the enforcedrecall. Consumers' rational response to the seller is a basis on which the consumers' right of requiring recall and consumption security can be realized. Theresponsiblities of the government managerial section in the active recall andenforced recall ensure realizing the value of the system.The fourth part, based on the theoretical study of the above three parts, providessuggestions in establishing an overall system of defect product recall in China.Starting from the gap between the system and the current legislation in China, itdiscusses in detail the paradigm choice of the legislation, the application parametersof the system, the definition of the "defect product", and the legal sanction when theseller fails to fulfil the obligations involved in recall. The suggestions are based onthe current legal system and social situation in China and highlight the key points inthe system.This thesis could serve as a useful reference to the legislation of defect productrecall system in China.