Study On Defect Product Recall System

Product recall system began in the nineteen sixties of the United States of america. As the global economic integration rapid develope, product recall system has been accepted by the world, especially in Canada, Australia, Britain, Germany, Japan and other countries to develop the good and perfect with each passing day. Our country in2004introduced the" defective automobile product recall management regulations" for the construction of China’s product recall law system provides a good opportunity. Subsequently, on other special product recall management regulations are promulgated. However, from the current law in our country, to product recall consumers give relief and specification of the general law is mainly a" product quality law"," consumer protection law" and" tort liability law.". Although the law of consumer rights and obligations to producers, product liability provisions were made, but has not yet been regulations of product recall system." Defective automobile product recall management regulations"," children’s toy recall management regulations"," food recall management regulations"," drug recall administration" promulgated and published, fill our country on product recall law blank. But at present, our country lacks a set of authority and stability of law, not only the general product recall provisions did not reflect, is the blemish car, children’s toys, food and drug recall, the relevant legal implementation details still to be sound and perfect. From a legal perspective, should think deeply how to establish and improve relevant laws, regulations system, how to auto industry, children’s toys, food and drug industry practices related to transformation and absorbed into other industries, and extended to all products, with period in our country comprehensive, effective, and thoroughly to establish a complete set of product recall system, conform with international.In this paper the product recall system theory systematically on the basis of the analysis, from the international perspective, using the method of comparative study, analysis of the foreign product recall system in place that can draw lessons from; on the perfection of product recall system has put forward feasible suggestion. The thesis consists of four parts:the first part, in order to establish a product recall system for the purpose of basic theory, first of all on the product recall and its related concepts, product recall types, and product recall system meaning and its properties were analyzed and discussed; thirdly, on product recall system theoretical foundation is studied and discussed, including the foundations of economics the theoretical basis of economic law, contract law, foundation and foundation, with a view to achieve the product recall system in the deep understanding and accurate qualitative. The second part, the first detailed analysis of the United States, Australia and Canada product recall system in the legislative practice; secondly, through the study abroad product recall system, summarizes the overseas product recall legislation practice and Enlightenment to China as follows:perfect legislation system, government management and guidance, improve product recall supervision system. The third part, first of all from the National People’s Congress enacted laws, administrative regulations and the recall of specific product representation of local government regulations are discussed in three aspects of product recall system in China the status of legislation; followed by the analysis of product recall system in China the existing problems; the fourth part, from the product recall system legislation system perfect, product recall that a system is perfect, product recall procedures, product liability and product recall law system construction related to five areas on the perfection of product recall system has put forward feasible suggestion. Specifically, includes the following aspects: product recall system perfecting legislation system, including the development of product recall system in the general legislative and perfect specific product recall legislation. Recall that a system is perfect, include making scientific standards and set up product recall of neutral detection mechanism, unified testing standard. Product recall procedure, including provisions for product recall procedure, active specified products mandatory recall procedures and regulations of product recall summary procedure. Improve the product recall system, including the establishment of the principle of strict liability, product recall responsibility main body expands and the construction of punitive damages system. The construction of product recall law system, including product defect product recall system, information disclosure system and product recall insurance system.