The Legal Research On The Defective Vehicle Product Recall System Of China

Since the fall of 2009 to the end of December 2010, Toyota had recalled vehicles totaled 11 million in the world. The large-scale recall attracted people's focuse on the automotive products recall issue, meanwhile people awared of the importance of the recall system for safeguarding their own interests.After such a massive car recall, we should also recognize that the vehicle products recall system has many shortcomings in China.There has been 7 years when China promulgated the "Provisions on the Administration of Defective Vehicle Product Recall" since 2004, durying which the management of China's automobile recall has been improving greatly,but it is undeniable that there are still many deficiencies in the work. Although auto recall only is a part of all products recalls, but the vehicle is so valueable and has been used in the public usually, so if there are defects in the car ,it is not only harm to consumers themselves, but also to the other people around them or the public, so the importance of the establishment of completed recall system for defective auto products becomes evident.Through accessing to a variety of literature,combing the basic theory of product recalls, making make a general survey of foreign automotive product recall management and comparing to the status of China's auto recall,the article put forward some advice and it was divided into four parts:The first part, to build a thory basement for defective auto products recall system,in the first place, recall system for defective products, the key words and the related concepts,such as product, defect, product recall,were systematically analyzed and explained.The second part introduces and analysises the more matured vehicle recall system of developed countrise such as the United States,Japan,thier legislative subjects, authorities,and recall procedures can be referenced by our country.The third part, on the basis of the second part,summs up our defective auto product recall system deficiencies in the force of law, division of functions, law liabilitise and other aspects.The fourth part gives some advice that will be propitious to our defective vehicle products recall system on the improvement of relevant legal systems and the legislation of the defective products recall and so on.Automobile industry is flourishing in China, so this paper has important practical significance. Because the defective vehicle products recall system plays a preventive and special role to reduce the damage occurred,it and the traditional civil rights (liability for tort relief and responsibility of breach of contract relief) combine a systemic,comprehensive, multi-level legal protection system for consumers'life and property ,social interests,and public safety.