On The Tort Liability Of Product Recall

Product recall system as the trend of the times and the birth of the emerging system, it has an irreplaceable role for the prevention of large-scale personal or property damage incident, protect the public interest, regulation of the production of the manuf-acturer’s behavior, ensure stable development of enterprise,reduce the modern social ris-ks, and maintain social prosperity and stability.In recent years, our product recall system has been basically established, the main product recall procedures, and corresponding responsibilities, etc. have been clear by th-e legislative. However, it should see loweroverall legislative level due to product recall, for all kinds of regulations, ordinances, currently established product recall responsibili-ty to administrative responsibility. The product recall as a system built onproducts trad-ing relationship on the basis of private law, its decision can not be adjusted into the field of traditional contract law.Therefore, as soon as possible a clear product recalls, civil liability is a big problem in our product recall system was established.Tort Liability Act as to adjust the basic civil law violations, and a chapter of the cr-eation of products in product liability recall tort liability, tort liability arising from spec-ific provisions not timely implementation of effective recall to fill the blank of our civil liability for product recall. Product recall to theprinciple of presumption of fault is attri-butable to the basis of tort liability on the Elements are distinguished from the general tort iability, and also showed the way the responsibility of their own characteristics. Th-is paper argues that the product recall to the creation of tort liability, contract law wara-nty responsibility,and general tort law tort liability based on the creation of new tort liability type, rich in China product recall liability system. In addition to the creation of product recalls, tort liability, Tort Liability Act, once again clear punitive damages app-licable in the field of product liability. This paper argues that the punitive damages for the infringement of all malicious product, of course,including malicious product recall tort.Recall the creation of tort liability, change relying solely on a fine, a suspension of the administrative responsibility of the business license and other penalties producers, sellers lazy to perform their recall obligations, the situation is more conducive to the pr-otection of the interests of consumers. While the introduction of punitive damages, also to strengthen the deterrence of product recall responsibilities, help to promote the effect-tive implementation of the product recall.