Research On Legal System Of Defective Products Recall

Defective product recall system developing in western developed countries nearly a half-century, and formed a sound legal system. The research of the system in China has been more than a decade. Although has introduced some special recall legislation about defect automotive products, food, medicines and children’ toys gradually, but there still exist many problems in building systems. In order to safeguard the interests of consumers and stabilize the market economic order, build and improve our system of defective product recall system is imperative. This paper is divided into four parts:The first part focuses on the basic theoretical issues of defective product recall system. Starting from defective products and note that standard of defects in foreign country and China are different, and also different with other systems on safeguard the interests of consumers, and characterization of the system as a statutory obligation, unlike the product liability system.The second part aims to introduce foreign product recall system both in substantive law and procedural law. The sellers whether to be main obligations in recall is different in western countries, but the consistent provision is main obligations all should bear civil, criminal and administrative responsibility when they breach of the obligation to recall. States have generally adopted voluntary recall and mandatory recall this two ways in procedural law, but the provisions of the competent authorities responsible for their own characteristics.The third part focuses on analysis of existing defective product recall system in China. Respectively, from the laws, administrative regulations and departmental rules these three levels to combing existing laws and regulations. Conclude that China has not yet formed a sound legal system of product recalls since defective products was defined not clear, the scope is too narrow, the effect of law is low, regulatory confusion, lack of power punish measures and other reasons.The fourth part is to make some suggestions to improve the product recall system in China. General law should be used in conjunction with special law when we consider the legislative model. The directly responsible should be as main obligations and other product operators should assist them. The "unreasonable risk" standard as the main criteria when identified defective products more suited to China’s national conditions. We should improve the penalty when violate the recall obligation, expand the scope of punitive damages. Refinement recall procedures and improve the regulatory environment is also should be considered, and the product recall insurance and recall information disclosure system should be established as a complementary system.