Research An Legal Issues Concerning Recall System Of Defective Products

Defective products recall system pioneered by the United States in the1960s,due to the system to safeguard consumers’ health and safety are not violated,and thusmaintain social and economic order embodied in the powerful,the system wasestablished such as Canada,Australia,Britain,France and Japan and other developedcountries to actively learn from and emulate. Defective products recall system is dueto the global economy and rapid development of technology,new technology,materials are widely used in the field of commodity production,producers productionof goods in terms of structure, purpose, style all reflect the complex,extensive anddiverse features such as. In this context, even if the producer in the production oftheir products do to the good faith duty of care still inevitable due to defect in aproduct caused by consumers personal safety and health facing a serious disregard ofpotential dangers,plus some consumer the legitimate rights and interests of producersexist, such a situation is becoming increasingly severe.As a result, people in the callsfor a new system of this phenomenon to be adjusted-Defective Product Recall legalsystem came into being.China’s introduction as of today still do not recall system for defective productslaw,relevant rules and regulations only in some special product areas, such as2004’s"defective auto product recall regulations in2007food recall regulations".Allthese are, defective products recall system in China started late, the development isvery imperfect, the existing rules and regulations of the legal position is low, can notform a strong regulatory effect. Thus, to establish defective products recall the legalsystem has become imperative in the legislation of the perfect product areas step.The full text of the first part of the first start from the basic concepts ofdefective products recall system,focuses on a defective product,recalls,defectiveproducts recall system concept;Second,from the nature of the recall of defectiveproducts,functions and History to make a specific described, and defined the basictheoretical issues in the system;second part of the comparative approach, bycomparison, analysis of the developed countries on defective products recall system,summed up our country to develop and improve the system at the revelations fromeach other for our defects product Recall System to establish and perfect to provide auseful reference; the third part in-depth exposition of defective products recallsystem of legislative Current Situation,and which exists a range of issues, and thushave a clear understanding of the status of of defective products recall systemdevelopment;the fourth part in the above discussion on the basis of the idea of ourdefective products recall system of legislation and the Construction of a relatedsystem, as soon as possible in order to establish and improve the defective productrecall legal system, and thus better protect the legitimate rights and interests ofconsumers.