Research On The Government Responsibility In The Recall Of Defective Products

Objective To construct the defective product recall system is to protect the legitimate rights and interests of consumers, the system is an effective way to eliminate a product defect caused harm to consumers. Defective Product Recall System has significant characteristics of the times, compared with the conventional protection of the rights of private citizens, with a great difference. The main difference is reflected in the defective product recall system is characterized in both public and private law, the government acts as an important role in the implementation of this system in the voluntary recall process, and actively guide and encourage enterprises; take the mandatory recall of the administrative means to force companies to recall defective products, this system can be said that the Government is "soul", throughout the entire process, there is no government regulation, there is no real sense of the defective product recall system. This paper mainly studies defective product recall of governmental responsibilities, clear Role of the Government in the defective product, a clear division of responsibilities of each specific government departments, the perfection of the defective product recall system.The article is divided into five parts. The first part analyzes the legal relationship between the recall of defective products, defective product recall clearly the relationship between the various legal body status, that is, defective product recall in the body including the parties and the relationship between man, one of the parties is the operator, and the other is the consumer who is the government relations person. Consumers are the main legal relationship rights, defective product recall system design is the core of consumer protection. And the subject of rights corresponding to the main obligations include both operators, including government, to achieve the rights of consumers depends on the main obligations faithfully fulfill their obligations. The second part discusses the necessity of government intervention in the defective product recall system, the government bears responsibility for the rational development of macroeconomic regulation and control and maintenance of the public interest and, therefore, its obligation to recall the behavior of the operator’s supervision. The third part of the government to play in the defective product recall system functions to be explored, explained the importance of government in the recall of defective products, we can say there is no government regulation, there is no real sense of the defective product recall system. The fourth part of the Government to fulfill its responsibilities in the current situation in the recall of defective products were analyzed, pointed out the current problems, namely the scope of the recall of defective products is narrow, the government division of functions is not clear, the government lack of product recall information processing mechanism Wait. The fifth part, according to the recall of defective products in the actual situation, put forward specific proposals to improve government performance of their duties in the defective product recall system, that should establish the universality of defective product recall system should build a sound information processing mechanisms and deal with government departments to perfect a reasonable division of labor. Only the Government’s role in the defective product recall system throughout the whole process as an opportunity to establish a defective product recall system suitable for China.