Study On The Legal System Issues Of Defective Products Recall In China

Defective product recall system first appeared in the United States, then the developed countries suchas Canada, Britain, Australia, Japan have established defective product recall system.China’s establishment of the defective product recall system,is not only adapted to the product qualityproblem in the rapid development of market economy of our country,but also adapted to the increasinglyimportant role which China plays in the world economy.It is an important strategic problem to build the defective product recall system in the process ofChina’s conforming to the world.China have attached great importance to product quality problem all the time. The report of the17thParty Congress explicitly asked " to win with quality "," to ensure product quality and safety"," toimplement that speed,structure, quality, and benefit are unified". Premier Wen Jiabao on the2007national conference of quality emphasized that the principle of quality first should be adhered to, and thequality of product should be comprehensively enhanced. Defective product recall system can be said to beemerged as the times require.This paper aims to discuss the problems of defect product recall system in China and to put forward tosuggestions, so as to solve the serious product quality problem existing in the present stage, and thedeletion of legislation, procedure, related facilities of the defective products recall system.Through the analysis of defects and loopholes in China’s current product recall system,on the basis ofexperience in reference to the relevant product recall system of the common law and civil law countries, thesuggestions are put forward to perfect the defective product recall system in China, in order to encourageenterprises to enhance their sense of social responsibility, to protect more effectively the legitimate rightsand interests of consumers, to maintain the healthy and orderly development of socialist market economy.Put an end to the incidents, such as " Sanlu milk powder incident"," Toyota recall incident"," taintedsteamed buns incidents" Clenbuterol".This paper consists of four parts. The first part introduces the basic theory of defective products,including the concept, scope, principle of imputation. The extension of the defect product is analyzed through the introduction of relevant theory. Through the comparative analysis of the current foreignproduct recall system, the second part discusses the characteristics and development trends of the system incommon law and civil law countries, and points out the essence which is beneficial to us. The third partanalyzes China’s problems of defective product recall system, such as lack of independent legislation, theimperfect product assurance system. The fourth part which is the chief chapter of this artical, discusses howto perfect our country’s product recall system. The author puts forward his own views, advising that ourcountry should draw lessons from the experience of other countries according to China’s current situation,including to put forward the reconstruction of the product liability system in China, to build the punitivedamages system,to establish China’s product safety system, thus to better safeguard the rights and interestsof consumers in China and promote social harmony.