Research On Civil Law Issues Of System Of Defective Products

The Product recall system is a new system in the modern civil law, it has a function to prevent defective products to consumers of personal and property damage. The United States is the origin of the system, and is by far the world’s most advanced and perfect state of product recall system, then the system is followed by many developed countries. In contrast, China’s defective products recall system began relatively late.In recent years, there are more and more lawsuits on defective products, which explains the urgency for China to establish defective products recall system. To establish a complete system, a wide range of applications, easy-to-operate product recall system, refering to the U.S. product recall system is essential. This paper,, discusses in a comparative approach that China should learn legislative practice from the United States to establish defective products recall system suitable for China. From this perspective, the article is divided into four parts.First of all is an overview of product recall system. This scction introduces the related concept of defective products, and analyzes the legal nature of the product recall system, procedures and related functions.Secondly is the analysis of defective products recall system. This section describes the criteria of the United States on product defects, and discusses the program of the U.S. product recall system and responsible agencies, and then introduces the punitive damages measures on defective products.Thirdly is the discourse of defective products recall system. This section discusses the current status of legislation of the defective products in China by contrast to the U.S. system.The system lacks a complete legal system and legal support; criteria for defects is not uniform. Finally, it discusses the Enlightenment of U.S. defective products recall system.Compared to Product recall system in the United States, China should first establish a complete product recall of the legal system,a unified product defect criteria, in order to judge the defective product,and a punitive damages system and the economic system in line with China’s national conditions makes the product recall system play the role of deterrence and warning for producers and sellers.