Research On Recall System Of Defective Products Chinese

With the continuous development of commodity economy, the defective product recall system is also gradually perfect, the product recall system has the function and effect of prevention of the most important purpose is to protect the legitimate rights and interests of consumers. European and American developed countries product recall system of early, development is more perfect. The defective product recall system of our country is still at the fledgling stage, as for children’s toys, medicine, food and legal rules, make the product recall in China has made certain achievements, but it is still a big gap compared with developed countries. In judicial practice, the foreign manufacturer of the defective product recall, the treatment is different for Chinese consumers and foreign consumers, fully shows the product recall system in our country there are still major defects. This needs legal researchers study of defect product recall system constantly, and proposes the corresponding perfect suggestion, can make the product recall liability system play its proper role, protect the legitimate rights and interests of consumers.In this paper, based on the comprehensive to explore the theory of product recall system, contrast analyzed the successful experience of foreign product recall system; For the perfection of product recall system in China put forward feasible Suggestions. The text consists of four parts:The first part mainly analyzes the theoretical basis for the defective product recall system, including the basic concept of defect product recall system of defective product recall system and related concepts, procedures and standards for defect product call back.The second part mainly introduces the content of the defective product recall system abroad, including the common law countries Australia characteristics between the two countries of rule of law system of China and the United States. Analysis in the mainland legal system country France and Japan’s unique legal system, mainly introduced the French "silent recall" system. On this basis, this paper expounds the relevant systems of all countries to the revelation of defect product recall system in China.The third part introduces the present situation of the defective product recall system in our country and the existing problems, from the general law and the law of product recall system, specific industry were described in detail the rules of defect product recall system in China, and summarizes the real problems of product recall system.Fourth part aimed at problem of defect product recall system in our country, puts forward the countermeasures, this article should establish punitive damages liability principle, the product recall law system, formulating special method for defect product call back, establish and improve the related mechanism.