The Legal Liability System Of Recalls Of The Defective Automobile Products

The recall system is a new system of modern civil law and it guarantees the personal safety and property security of users. In China, which is one of the biggest countries in terms of automobile usage in the world, it is especially important to prevent defective automobile products. Compared to Administrative Provisions on Recalls of Defective Automobile Products issued and taken effect in2004, Administrative Regulations on Recalls of Defective Automobile Products (draft) passed in2012defines the range of defective products and responsibility of operators, and more severely punish the behavior of concealing the information of defective products and refusing to recall defective products.From "Toyota’s recall problems" and "the case of and Kumho tires", the paper profoundly rethinks the liability system of recalls of defective automobile products and hopes to give some practicable advices for the official enforcement of Administrative Regulations on Recalls of Defective Automobile Products through evaluating the practical effect of Administrative Provisions on Recalls of Defective Automobile Products and referencing the relevant provisions and cases in developed countries.The paper is divided into six parts. The first part summarizes the situation of recalls of defective automobile products in recent years and teases and evaluates the relevant theoretical research in order to finding the starting point. The second part sums up the particularity of liability system of recalls of defective automobile products by analyzing the theoretical basis of recalls of defective automobile products and the liability system of recalls. The third part seeks the reason why corporations negatively treat recalls. The fourth part analyze the problems of the liability system of recalls of defective automobile products in China including two aspects:practical predicament and legislation defect, through studying the content about liability system of recalls in Administrative Provisions on Recalls of Defective Automobile Products. The fifth part focuses on introducing the institutional structures and the legal facts in various countries to provide references for the following advices. The last part puts forward some specific suggestions of perfecting the liability system of recalls of defective products.Using methods such as case study, comparative study and legal interpretation, the paper explores the legal liability of recall system of defective automobile products on the basis of economic law theory, and expect to propose unique views for the appearance of corresponding policy, through teasing the current legal system in China. Therefore, the improvement of the related systems of liability of recalls of defective automobile products not only has a positive effect on protecting the legitimate rights and interests of consumers, but also plays an important role in the whole automobile industry.