On The Defective Product Recall Of The Perfection Of The Legal System

The United States is the world’s first implementation of a national product recall system. In 1965 the U.S. Congress introduced the "National Traffic and Motor Vehicle Safety Act, for the first time clearly defines the obligation of the U.S. carmaker to recall. Subsequently, the Federal Hazardous Substances Act, the Federal Food, Drug, and Cosmetic Act, the Child Safety Protection Act, the Consumer Product Safety Act "bill have been introduced, the United States has gradually established a system of product safety laws.So far, South Korea, Australia, Canada, Japan and the United Kingdom is the country except the U.S. has established a perfect suited to their basic national conditions of defective products recall system. Although the recall process and content of these countries vary, but based on their own actual situation, in essence, in order to safeguard the interests of consumers, cut off the circulation of defective products on the market.In recent years, China’s melamine milk powder incident, "Toyota event", "Shuanghui ham incident," a series of events occur frequently, serious damage to the personal and property safety of consumers. These events highlighted on Defective Product Recall of legislation backward. But on the other hand, also makes our speed up to establish defective products recall the awareness of the legal system can be improved. This is of great significance to strengthening the social and public safety, safeguard the legitimate rights and interests of consumers, ensure product quality.At present, the country has a lot of scholars have different levels of defective products recall system, but it should be noted that, compared with developed countries in Europe and the United States, whether it is in the Legislative and theoretical research side, still in its infancy, the formal legal (narrow sense) has not yet completed, the existing theory, there are many areas for improvementThis article rely on the information, the use of the method of combining theory and practice, try starting from the general theory of defective products recall system, combined with domestic and foreign legislative status quo, in-depth analysis of defective products recall system problems, and based on theChina’s basic national conditions, legislation recall of defective products in China to make some suggestions with a view to the improvement of the system be beneficial to recall defective products in China.The full text is divided into six parts. The first is the general theory of defective products recall system, highlighting the system’s origin, definition, characteristics, classification and comparison of the similar system; then discuss the value of the defective products recall system base and target, respectively, from the Law economics and sociology to explore the significance of the existence of the system. And then to the United States and France, Japan, respectively, as representatives of the two legal systems of the analysis of foreign legislative status quo, summed up the revelation of our country to further develop the system; the status quo of domestic legislation and the basic national conditions, to learn from foreign experience, depicts the future on legislative blueprint for defective products recall system...