Comparative Study On Defective Product Recall System Between China And Japan

Accompanied by the continuous attention to the quality of products and the protection of consumers' rights,The recall legal system of defective products has come into being.Under the supervision of the government functional departments,Product recall system is implementated by producer.The recall process requires the cooperation of consumers in the market circulation field and other related personnel,in order to protect consumers' personal and property rights from infringement.with the acceleration of market economy,a wide variety of defective products have already emerge in large numbers.as the vulnerable groups,consumers have limited access to seek relief.At present,some special recall regulations have been formulated in the field of automobile?food?medicine?the toy of children?and consumption goods in our country.These regulations has effectively played a role in protecting consumer rights.However,as the legislative system is not perfect,the scope of recall is still narrow and limited and so on,I think the legal system of defective product recall needs to be improved.In this paper,I not only compared and analyzed the difference of legislative system of product recall system between China and Janpan,but also compared and analyzed the difference of the subject of the recall?the scope of the recall?the procedures of the recall?and legal liability between China and Janpan,then I put forward some legislative suggestions to improve the recall system of defective products in our country.For instance,we can improve the level of legislation,expand the scope of product recall,clear regulators' duties,increased penalties and perfect supporting system.This paper is consisted of three parts:The first part is the introduction of defective product recall system.In this section,I expounds the basic concept,characteristics and significance of the product recall system,and the theoretical basis as well as the difference from other relevant system.The second part is the comparative study of defective product recall system between China and Japan.I introduced the legislative system of product recall system?the subject of the recall?the scope of the recall?recall procedures?and legal liability in China,then introduced the same aspects of Japan,finally,I analyse the similarities and difference between China and Janpan.The third part is the improvement suggestions of defective product recall system in our country.I give some suggestions in five aspects.They are the legislative level,the scope of recall,duties of special administrative departments,much heavier penalties and related supporting systems.