Defective Auto Product Recall In China Legal Issues

Compared with the United States, Japan and other developed state, defective products recallsystem in China has just started, there is a certain lack of understanding people, the recall system isnot effectively implemented in practice, and also encountered a different degree of risk andresistance. On1st October,2004, defective auto product recall regulations to take effect, taking asubstantial step in China to establish defective products recall system, causing the positive responseof all sectors of society. With the continued implementation of the recall system to enableconsumers to gradually accept the system, and actively use the system to protect their own interests.In recent years, more and more vehicle recall the number of China's car a little embarrassed, as nomandatory legal effect, ordered the recall of terms, some of the transnational auto companies in theinternational community to implement the recall, often bypassing the Chinese market, Chinese carconsumers injustice, violations of the interests of consumers. The subject about the lack of adefective product recall legal system to protect consumers, which is difficult occupies a dominantposition in the fierce international competition, with other countries consumers enjoy fair treatment.The legal system support to the legitimate rights and interests of automobile consumers, thelegal aspects of our defective auto recall the legal system, a special study.Through access to a variety of documents, combined with the automotive products of Chinaand developed countries to recall the work of this thesis from the four parts described and putforward suggestions and views of the perfect recall of defective products.The first part, the first focusing on establishing the defective auto product recall systemtheoretical basis for defective products recall system involves the key concepts, such as productdefects, product recalls, and product recalls and related concepts, the interpretation of the system,expounded analysis.The second part, from a legal effect, the division of functions and legal responsibilities, theanalysis of defective auto product recall system in the lack ofThe third part, through the analysis of relatively mature auto recall system for Japan, Canadaand other developed countries, Chinese improvement from the legislative bodies, authorities, andrecall procedures that improve the defective product recall system can learn a lesson atThe fourth part describes that improve the defective auto product recall system as soon aspossible to improve the underlying legal system in China.With Chinese defective auto product recall the continuous improvement of the legal systemwill protect the legitimate rights and interests of consumers, stimulate business innovation anddevelopment, and use the law to create a good atmosphere of competition in the market. At present,in China, the establishment of sound defective auto product recall system is a certain degree ofdifficulty, which requires us to actively play their own initiative, to obtain the best results in theshortest possible time, as soon as possible to protect the interests of consumers in China.