Defective Products Recall System Legal Issues

Under the circumstance of China joined the WTO and the rapid development of social economy .it is of great practical significance to establish the system of recall of the defective products. This legal system has long history and developed much perfect in the developed countries as USA, which are higher level of economy and consumption. Our China is at the initial stage of study and practice to establishment of the system of recall of the defective products. To establish the system of recall of the defective products is the objective requirement of the market economic development, it can effectively protect the interests of consumers and eliminate the hazard problems the defective products may cause to the public security.Now, it is urgent to establish the system of recall of the defective products in China, the in-depth study and discussions are conducted and some advices are given in this dissertation. The dissertation is divided into six parts:The preface generalizes the system of recall of the defective products in the developed countries and our country. it analyses the development of social economy in China ,then expresses the practical significance to establish the system of recall of the defective products.Chapter one gives the basic theoretical concepts of the system of recall of the defective products, for example, the product, the definition of product defect, category of product defect and its criterion, the meaning of product recall, the logical association between product recall and product liability.Chapter two comparative analyses the legislative state of the recall system on defective products in foreign countries, the article analyses the main questions of the recall system in developed countries from the angles of substantive law and the angles of procedural law.Chapter three analyses the several legal issues related to the system combining with the review of existing Product Liability System in China, take the background of the recall system of defective products in China as starting points, analyses the relevant law and rules of our country, also analyses the existing laws and regulations of the recall of the defective products, and analyses the legislative style of the system of recall of the defective products in ChinaChapter four puts forward the detailed opinion and advice on the establishment and improvement of the system of recall of the defective products, proposed the concrete suggestions to improve the system of recall of the defective products, analyses the responsible entity, the principle of responsibility ,recall procedure etc, the conclusion of the article proposes that quality assurance is the fundamental way to settle the product recall.The conclusion summarizes the dissertation, Our country is at the initial stages of study and practice to establishment of the system of recall of the defective products, We should pay attention to some points so that we can develop and improve this system. In brief, there is still a long way for us to establish the system of recall of the defective products.