The Administrative Law System Of Defective Product Recall System In Our Country

Recall system is to cross the double field of private law and public law, the depth of the power factor intervention, designed to prevent and control social risk, the legal system of legal obligations by the producer. But in reality, the recall system faces the dilemma of the particularity of the industry, the complexity of the defect identification, the difficulty of obtaining the information of the defects and the high cost of the system. And the overseas experience, the defective product recall system has experienced the process of development, its main features are the main administrative and judicial legal system coexist, set on the recall system, program on the pursuit of efficient and convenient and transparent by law, aiming at the existing dilemma and breakthrough. In view of the challenge of the defective product recall system in our country, we should follow the path of the administrative regulation by referring to the foreign experience and perfecting the recall system.Based on this, this article uses the theory summary, the comparison analysis, the structure and the construction method, has carried on the research to the defect product recall system, besides the introduction and the conclusion, this article is divided into four parts:The first part focuses on the nature of the public law connotation of the defective product recall system. Combined with the theoretical knowledge of administrative law, the author holds that the recall system is a risk management process, and is a legal obligation of the producers, the recall system of both public and private property, which provides the theoretical basis for the recall system into administrative law category.The second part of the system to sort out the difficulties faced by the recall system and problems. This part from the particularity, complexity and defects defects identified difficulties to obtain information and the system cost is higher on defect product recall system of difficulties and challenges, so as to provide a practical basis for improving the recall of defective products.The third part introduces the experience and characteristics of the recall system of defective products in the United states. From the management system, legal system, the recall of the procedures and the plight of the CPSC recall and breakthrough in the United States on the defect product recall system to elaborate, so as to improve the defect product recall system to provide extra experience.The fourth part put forward the administrative law of defective product recall. Defective product recall depends on the regulation by administrative law, specifically from the elements of legal protection, the defective product recall entity security, procedural guarantee and related policies on the path of law perfect product recall system is discussed.