Research On Legal System Of Defective Products Recall

Foreign legislation has been quite complete on the recall of defective product,which is good for protecting the rights of consumers, preventing the hazards ofproducts, and maintaining the order of markets and so on. However, the defectiveproduct recall system in China is not complete enough and its implementation isalso not satisfactory. Faced with expanding damage caused by defective product,this paper aims to appeal to China to learn from advanced experience of foreigncountries and do whatever we can to perfect the system.Apart from introduction, this article is divided into three parts. In theintroductory part, it briefly describes the background of the product recall system,summarizes its legislative situation in China and explains the necessity ofestablishing the recall system under globalization, thus posing the topic to bediscussed.PartⅠ: definition of basic concepts. In this part, the author mainly definesconcepts relevant to product defects and recall in the USA and other countries,intending to truly grasp the nature and core of those concepts through comparativestudy.Part Ⅱ: comparative study of foreign defective product recall system. In thispart, the author firstly describes the legislation and development of defectiveproduct recall system in the United States and other four countries, and thenanalyzes the legal requirement and procedures of recalling defective producttogether with the non-performance obligations and liabilities. The research iscarried out to provide reference information for perfecting the defective productrecall system in China.Part Ⅲ: completeness of the defective product recall system in China. Tobegin with, the author introduces the current legislative situation in China.Moreover, the author pointes out many issues in the legislative level, recall scopeand legal liability and other aspects. Finally, the author puts forward corresponding countermeasures to solve the issues above, like improving existing law, clearingthe obligator of recalling product, and strengthening legal liability, etc. Throughthe research, the author intends to benefit the defective product recall systemimprovement.