Defective Product Recall System

China has promulgated the "Administrative Regulations on Recalls of Defective Automobile Products" in 2004, which was the first in China that piloted a defective product recall system. Under the circumstance of China joined the WTO and the rapid development of social economy, the absence of such a system has become the legislative obstacle in protection of consumers' rights and enhancement of companies' competitiveness.However, talking of our country, the recall system is too high to be popular. The unsoundness of present recall law system, low legal hierarchy of matching institution, limited product recall scope, un-fulfillment of responsibility of punitive damages, these serial reasons cause that numerous defective products can't be recalled in time. These products damage consumers personal safety and property safety, pose a threat to social benefit and public safety.How to construct a defective product recall system that is suitable for China and can play an important role in the new situation of reform and opening, propose practical and effective measures to protect consumers rights, improve product quality and producers' consciousness of environmental protection, ensure the effective use of resource, these are problems to be solved after China joined the WTO. Meanwhile, it's also a need to further perfect our country's economic market, standard market competitive order, improve the competitiveness of China's enterprises in the international market, and build socialist harmonious society. As a result, it has become China's urgency to establish the defective products recall system, in reference to experience of developed countries and national conditions of China.In this dissertation, some legal matters in the Defective Product Recall System are preliminary discussed and the author proposes some suggestions to make the recall system perfect. In addition to the preface and the epilogue parts, this dissertation is divided into four chapters.Chapter one gives the analysis of some reality of foundation in the system of recall of the defective products in China, including background of the system, election of the system and some issues which is need to be paid attention to. Meanwhile, the important significance of building up defective product recall system is expounded.Chapter two, the defective products recall system of some developed nations is expounded. The article has analysis the instance of legislation of recalling system in major countries between common law system and civil law system. And then the author delivers a summary.Chapter three, the author introduces the current situation of the Defective Product Recall System and analyses the relevant law and rules of our country. Meanwhile, based on the exceptional circumstances of China, the author describes some imperfect points including legislation, standards, the scope of recall, specific legal rules and insurance scheme existing in this system of our country.Chapter four, combined with some particular issues, the author puts forward some preliminary opinion and advice on the establishment of the system of recall of the defective products and gives us some detailed suggestions on material and procedural law equipped with some relevant systems to perfect our legislation.