Research On Legal System Of Defective Products Recall

With the development of productive forces,social modernization has gradually improved,the social division of labor in the field of production has become increasingly sophisticated,and all kinds of products have emerged in people's lives.However,while enjoying the prosperity of material culture and the improvement of living standards,consumers are also subject to a greater security threat brought by the defective products.Especially in recent years,frequently to be found in the"Sanlu poisonous milk powder incident" and exposure,"Volkswagen recall incident"and other media,all without exception makes the consumers on product quality problem is uneasy.Product related cases reflect the current lack of recall system of defective product.The United States is the first country to establish a defective product recall system,other developed countries have a history of nearly half a century of development.Most developed countries have formed a relatively complete and relatively mature product recall legal system.Nowadays,with the development of global economic integration,the recall system of defective products has been recognized and valued by countries around the world.Although the system in our country started late,but the development of the past ten years has made it in our country has been initially established.Although the system started late in China,but nearly ten years of development in the our country has already established.From 2004 to date,has successively promulgated relevant defects of automobile,food and drug,children's toys recall special legislation,but has not yet issued a general product for the general applicability of the recall legislation.In 2009 by the "Decree of the President of the People's Republic of China " of product liability issues are detailed provisions,Article 46 of vhich for the first time in the regulations for all areas of defective products the defective product recall system,and points out breaks the recall obligations should bear tort liability,highlight the significant progress in legislation.However,this provision is only a principle,has the inherent defects of weak operability,obviously can not meet the needs of judicial practice,many problems and can not be effectively controlled and resolved.At present,only in the primary stage of development of the defective product recall system in our country,there are many loopholes and shortcomings.With the emergence of various products of defective products,a threat to public safety is increasing,the construction and improvement of the recall system is imperative.In this paper,the legislation of defective product recall system is studied.Through the analysis of our country the defective products recall system in the legislative status,legislative problems,learn from foreign advanced legislation of the developed country experience,to improve China's defective product recall system,and put forward scientific and reasonable suggestions.In this paper,firstly,we analyze the basic problems of the defective product recall system,and analyze its connotation,attribute,classification and so on.Then through to the overseas developed country defect product recall system's legislation inspection,summarizes the enlightenment significance to perfect our country recall system.Then,according to the current situation of the defect product recall system in our country,through the summary of the current situation of the system,it points out the shortcomings of the current Recall Legislation in China.Finally,in view of the deficiency of the existing legislation of the defective product recall system in our country,we focus on the advanced legislation experience of the developed countries,and put forward scientific and reasonable suggestions on the legislative model and related issues.