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A Study On The Improvement Of Law System Of Product Recall In China In View Of Theory Of Risk Responsibility Theory

Posted on:2014-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y X RenFull Text:PDF
GTID:2296330422468723Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The argument about characteristic of product recall has never been settled down.Product recall system should be defined as one specific measure of in obligation oftracking and observing, also one obligation happens in certain situations. Afterevaluated existing laws about product recall, we could summarized some issues whichare exposed during judicial practice.The theory of dangerous liability originated from the ancient Rome law,developed in Germany, can be simply described as one who takes profit should takeobligation. One takes profit through occupying, using dangerous substances, ormaking risky behaviors, then one should take responsibility for adverse consequencescaused by occupying, using dangerous substances, or making risky behaviors.“dangerous” in this theory including actual damage which is already take placed, andunreasonable dangerous not happened yet, but dangerous enough to cause damage.Currently, our product liability accidents can be divided into two kinds:reflexivity of technology and abuse of technology. Both enterprises take profitthrough occupying, using production equipment and materials, and enterprise takeprofit through production, selling defective product can be characterized as occupying,using dangerous substances, or making risky behaviors in essence.Recall is dependent on the traceability of products. Products which take plentyinformation of traceability can be recalled easier than whose which don’t. Besides,practicing recall law demands cooperation from the civil law, the tort law. In the sametime, the progress of product recall involves many departments of government.
Keywords/Search Tags:Dangerous liability, Product recall, Traceability, Obligation oftracking and observing
PDF Full Text Request
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