Research On Legal System Of Detective Product Recall In China

Defective product recall has already been preliminary established in our country. In China, we havebegan the legislation of defective product recall since2004. until2010, there has successively been fourdepartment provisions on the defective product recall which are respectively involved in automobile,children’s toy, food and medicine. Then we released a draft about household electrical product recall whichhad no response. The Management Ordinance of Defective Automobile Product Recall was published injanuary1,2013, which stands for a new start on our country’s defective product recall.Defective product recall system, as a new consumer rights protection system has increasingly palyedan important role in solveing the disputes on product quality. Compared with the system in some foreigndeveloped countries such as the United States. The system is been established in our country for a veryshort time, so the system itself and supporting measures related it are all not very mutual. Practicallyspeaking, there only has been a little achievements in the field of automobile. The implementation of thesystem still has many obstacles in our country and the system itself must be advised.As a consumer, what we mostly concern about is the kinds of products’quality problem that we havebought. Some famous events successively occurred in2008, like the “melamine”of sanlu milk,“Toyotaautomobile recall” event and the “Shineway clenbuterol incident”. The similar cases also happenedfrequently this year. The problem of the product defects not only brings a lot of damages to the consumers’personal life and property, but also gives a highlight about the inadequacy and backward of the productrecall system in our country.compared with the practical results in some european countries, our system isstill at the preliminary stage no matter in the aspect of the legislation, practice or theory research. Besides,the further perfection of this system can also provide more system resources for our country’s productquality supervision and consumer’s interest safeguard.Based on the relevant collecting data, my paper geives a particular research on defective productrecall in our country for four parts by using the method of combining the theory and practice. The first partbegins from the basic theory of the product recall system simply included its meaning, origin, nature andfunction, etc. The second part mainly focuses on introducing the system in some foreign developed countries such as American, Canada and Japan, etc. And we can sum up the enlightements from theintroductions. The emphasis of the paper is on the third and fourth parts. Based on our country’s basiccondition, the two parts start from researching the legislation status of our country and find out theproblems and barriers of implementation. Finally, the last part gives a personal idea for and suggestionsuited to our country’s system by largely studying the theory and practice of the developed countries.