Research On Product Recall Legal System

With the development of market economy, the market in China is becoming more and more open, products from different countries and regions are poured into Chinese market and domestic consumers have a various selection of products. Products are becoming complicated and hard to control for consumers with the increase in types and performance of products. Whether the products are safe or not is related to the consumers' personal and property security,so more and more consumers are paying attention to the problem. Nowadays, the damages caused by product defects to consumers happen from time to time, so it seems important to establish and perfect recall system of defective products. Our country has always been attaching great importance to the protection of consumers' interests. The damages caused by defective products to consumers' personal and property not only involves individual consumers, but also will influence the family even the social public interests. Handling the problem of defective products will contribute to maintaining social order and ensuring the healthy development of market economy. Although we have done some research and try to the recall system of defective products in practice, we have not set up systematic system of recall system of defective products yet. Current situation goes against the protection of consumers, especially when it is related to the damages caused by foreign products to domestic consumers. Many foreign producers refuse to recall defective products from domestic consumers with an excuse of our lack of recall system of defective products and this situation makes it difficult for domestic consumers to enjoy equal protection with foreign consumers.Based on the current situation, this article probes into the basic theoretical issues of recall system of products first of all, then introduces the implementation of recall system of defective products in several developed countries and analyses the current situation on product recall in China, finally, gives some suggestions to the establishment and perfection of our recall system of products according to the study on foreign successful recall system experiences and our national conditions. This article consists of four parts except the preface and conclusion:The first part of this article expounds the theoretical basis and basic problems of recall system of products, makes the concept of product clear, gives an explanation to the judgment standard and classification of product defect, discusses the beginning, concept and characteristic of recall system of products.The second part of this article introduces the situation of recall system of products in developed countries. It gives a discussion on related legislation, executive bodies and features of the recall system of products in the United States. It also gives an analysis in typical auto recall in Japan and food recall in EU countries.The third part of this article gives an analysis to the actual situation of product recall in our country, then it points out the problems and defects of our product recall and this is against safeguarding the legitimate rights and interests of consumers.The last part of this article gives some advice to the establishment and perfection on recall system of products in our country. The necessity of building recall system of defective products is obvious. It gives some specific ideas on legislation of legal principle, legal responsibility, implementation procedure and so on. It also gives some ideas on related systems of recall system of products.