Defective Product Recall Legal System

In the field of product liability, with the development of commodity economy and scientific and technological progress, defective product recall system has gradually developed in China. In recent years, some cases of automobile recall show superiority of the system to protect consumers'personal and property safety. Defective Product Recall System is a legal system defines that when the producer find or know that their products may trigger unreasonable danger to personal or property safety of consumers during production, import or sale, they must fulfill their reporting obligations according to law. They must recall defective products from market and consumers actively or passively, and make a free repair, replacement or restitution.Compared with "Three-guarantee" system, the character of defective product recall system is preventive, widespread, initiative and social. There are a lot of controversy for the nature of the system. In my opinion, it should be summed up as tort law obligations, and both public and private. Through the introduction and compared of recall system at home and abroad, we find that the effectiveness of existing regulations is low and the scope of application is limited in China. Meanwhile, it is an enormous social barriers for the implementation of the recall system in China because of the immaturity of consumer's psychology, the media and public opinion sided propaganda and the weak sense of corporate social responsibility.We should enact a separate legislation about recall system for all products based on good faith, the principle of public safety as soon as possible. Any legal system performs legal relations in real life, so does product recall system in theory and practice. The content of the legal relationship is the rights and obligations of enterprise, consumers, regulators in the recall process. The main body is producers or importers, consumers and regulators. The object is a defective product. It is the core and difficulty of the recall system to define the defective product. In the traditional theory, defects can be divided into manufacturing defects, design defects, warning defects. We propose the concept of environmental defects at the background of developing sustainable economic and building a conservation-oriented society. So that those enterprises which produce products with inefficient polluting bear huge cost pressure because of recall system, we can achieve environmental protection and sustainable development of mankind.Finally, the implementation of product recall system need assistance and cooperation from other systems, especially punitive damages system, the recall insurance, the propaganda for recall system and so on. These can ensure the effective operation of product recalls.