Defective Product Recall Legal System

Defective products recall system has been widely established in the world today, especially in developed countries. Practice proves that it plays an irreplaceable role in raising both producers and sellers' consciousness of quality an honesty, encouraging companies to increase their investment in technology, security and environment, as well as in regulating the order of market-oriented economy. Defective Product Recall System is one kind of safety protection systems for social life, which aims at the products that have already entered into the market.Product defect necessitating a recall refers to a common defect in the design or production that occurs in a certain batch, model or category, posing potential hazard to the users. There are generally two types of defective products, those with defective designs and those that are manufactured improperly. Defective products are most harmful. They are not safe, not environmentally friendly. When they enter into the market, and the concerned authority do not take effective measures to handle it properly, we shall suffer the consequences, such as death, the loss of property and pollution. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause.But not until March 5, 2004, China issued "The Recall Management Regulation on the Defective Automobile Products", which has begun to implement from October 1, 2004.China has been in WTO for 7 years and the absence of such a system has become the legislative obstacle in protection of consumers' rights and enhancement of companies' competitiveness. To this end, it has become China's urgency to establish and improve the defective products recall system, in reference to experience of developed countries and national conditions of China.Based on the regards of the experiences in developed countries, the author analyzes the current legislative status and problems in the Defective Product Recall System in our country and proposes some suggestions to make the recall system perfect in this dissertation. In addition to the preface and the epilogue parts, this dissertation is divided into four chapters.Chapter one, this paper focuses on the basic concept of defective product recall system. We have explored the origin, products, definition, and classification, characteristic of the product recall and the comparison and discrimination to the related system. Thereby, the basic concept of product recall system is preliminarily understood. Meanwhile, the important significance of building up and improving defective product recall system is expounded from the standpoint of consumer, enterprise and market etc.Chapter two, the defective products recall system of developed nation is expounded. Through the analysis of defective product recall system of different nation, the references are provided for our nation. The defective product recall system originates in the United States, which is fully developed in USA and is referred by other countries, thus the system design of USA is emphasized in this paper. Finally the French and Japanese general situation and the significant reference of foreign product recall systems to our country are summarized in this paper.Chapter three, focuses on analysis of the current situation of defective product recall legal system in china. Then the problems of defective product recall system are studied, which are low legislative level, lack of systemic product recall legislation, indefinite division of labor in administrative authority and the standard of product recall, light penalties for violation of laws and the backward idea product recall system. It finally discusses the necessity of legislation for defective product recall system.Chapter four, make countermeasures and suggestions for the legal system of defective product recall in china. This paper mainly discusses from three aspects. First, revise and improve the current related laws and regulations, such as "product quality law", "rights and interests of consumer" etc. Second, make recommendations to formulate "defective product recall law", mainly includes legal system, legal doctrine, competent authorities, recall subject of duty, recall procedure, recall aging etc. Finally, the paper gives some proposals to establish combined mechanism of defective product recall system, includes building up a efficient system for product information, improving Q.C. system, standardizing legislation, abolishing inspection exempt system, and developing insurance of product recall etc.