Defective Product Recall System Research

After the exposure of "Sanlu event", the food safety and the recall system of defective products attract more attention once again. How to protect the rights and interests of the customers and how to maintain the economic order of society has already become a question concerned by the public.To recall the defective products is an international routine, but in contemporary China, there is only recall regulations on automobiles, toys and food products。In order to increase the number of the products that are under recall and supervise, and to make the recall abide by the law, has been included to the Sate Council's lawmaking plan of 2008. The recall system plays an important role in protecting the rights of customers, normalizing the socialist market economy and improving the competitiveness of our enterprises in the international market. There is no doubt that it is vital for China to build the general recall's law system on defective products. This passage is based on the observation of the advanced experiences on the defective products'recall in developed countries.Then, it analyzes the lawmaking conditions in recall system of china and the problems about it. Moreover, we put forward suggestions on how to build and improve the recall system on defective products. There are four chapters in the passage.To recall the defective products is an international routine, but in contemporary China, there is only recall regulations on automobiles, toys and food products。In order to increase the number of the products that are under recall and supervise, and to make the recall abide by the law, has been included to the Sate Council's lawmaking plan of 2008. The recall system plays an important role in protecting the rights of customers, normalizing the socialist market economy and improving the competitiveness of our enterprises in the international market. There is no doubt that it is vital for China to build the general recall's law system on defective products. This passage is based on the observation of the advanced experiences on the defective products'recall in developed countries.Then, it analyzes the lawmaking conditions in recall system of china and the problems about it. Moreover, we put forward suggestions on how to build and improve the recall system on defective products. There are four chapters in the passage.The first chapter:the basic theories for the recall system on defective products. To begin with, it gives a chief introduction to the recall's definition, character, classification and the differences between some concepts relevant. Furthermore, it demonstrates the relationship between the recall system and the responsibility system on products. Finally, it throws lights on the function of the recall system, laying a good foundation for the next chapter.The second chapter:the investigation on the recall system in foreign countries. This chapter is built on the detailed investigation on the recall system and the practicing condition abroad. To provide an example for domestic lawmaking, it summarizes and elaborates the predominant ways that foreign countries adopt. This part mainly analyzes the recall from two views:substantive law and procedural law. In terms of the substantive law, it mainly observes the subject of the recall, the scope of application, the condition of application, the legislative authority and the legal responsibility, etc. In terms of the procedural law, the passage discusses the form of the recall and the specific procedure and so on.The third chapter:the current situations and problems of the recall system on defective products in China. It introduces the current situations of lawmaking on recall system and analyzes the main problems existing in our country, taking our national conditions into account.The fourth chapter:It is a summary for the three passages above, putting forward some advice for the defective products recall system.