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Research On The Recall System Of Defective Products

Posted on:2018-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:X X QiFull Text:PDF
GTID:2346330515967511Subject:Law
Abstract/Summary:PDF Full Text Request
The quality of the product safety related to each person's life and property safety,for an enterprise's survival,related to a country's laws forbidding lax.In recent years,China has suffered a number of defects in the ambush of products,to the country,enterprises and individuals have caused incalculable losses.For example,since the Samsung mobile phone caused concern in the United States,Samsung Corp passive recall policy not only bring Samsung enterprises heavy losses,through the world market,also the risk to consumers,causing incalculable personal injury and property loss.After the incident,due to improper handling of Samsung companies,did not promptly recall defective products on the Chinese market,resulting in a number of mobile phone explosion,a serious violation of China's consumer rights.Samsung mobile phone explosion not only exposed t he problems of Samsung company,but also exposed the shortcomings of China's defective product recall system,improve China's defective product recall system has once again become an important issue.In this paper,the recall of Samsung mobile phone as an example,via normative analysis,comparative analysis,case analysis and other methods to analyze the status of China's defective product recall system and the existing problems.In addition to the introduction and conclusion,this paper can be divided into four parts:The first part is an overview of the recall system of defective products.Firstly,the defective product recall system and the meaning of the background,secondly,Samsung mobile phone explosion as the breakthrough point,through the detailed progress o f the event,the difference between recall policy and compensation standards compared to Samsung Corp in other countries and regions and our rights,combined with the situation of our country's government measures and consumers,reveal the absence of the defective products recall system.The second part is the deficiency of the defective product recall system in our country,which is the main content of this paper.Samsung events detected defect product recall system in China the existence of loopholes,the face of security incidents of sudden defects in product quality,our country government agencies dealing with the lack of mature mechanism,the legal system of defective products on the emerging field of the lack of specific measures,consumers have not set up mature negotiation mechanism.The reason for this defect,is our country about the defective product recall law system is not perfect,the certification standard and scope,punishment,recall procedures have failed to timely improvement and innovatio n,difficulties in solving practical problems.The third part is the summary of the practice and experience of the recall system of defective products in foreign countries.The first detailed analysis of the United States,France,Japan and other developed countries in the field of practical experience in the recall of defective products;secondly,through the study of foreign experience,summed up the achievements of foreign product recall practice,through the improvement of recall system of the legal system,strengthening the government's guidance and management,refine the recall procedure,pushing producer to realize the defect product recall system in China in time,play a role in the adjustment of the market economicorder.The fourth part is the perfect suggestion of defective product recall system in our country.It is not difficult to see from Samsung recall,China's defective product recall legal system level is low,did not cause enough attention to producers.And lacking of authoritative certification standards,specific provisions are relatively old,there is no timely coverage of the relationship between consumer life and property safety of emerging consumer goods field,did not play the due role of prevention.Compared with foreign recall,recall system in our country is lack of effective responsibility system,the producer fails to fulfill the obligation to recall only token fines,which fail in playing a role in warning and supervision,is not enough to deter other producers strict with oneself.Therefore,to improve the defective product recall system in China should first improve the level of legislation,perfecting the rules for the operation,but also to a lot of consumer goods in the field of product recall system,timely prevention of potential risk,finally introduce the punitive compensation mechanism in the recall system,realize the production of legal liability of diversification,urge producers establish the quality of consciousness,amplification pay attention to the potential risk s in the consumer groups in the.The recall system of defective products is the market economy system of the upstream system,perfect recall system to extend product quality inspection procedures,provide a buffer and correct opportunity for the enterprise,also reduces the chance of damage to the interests of consumers,maintaining the order of market economy.At present,China's defective product recall system is not perfect,the consumer groups increasingly large scale,with the people's lives,all kinds of consumer goods also emerge in an endless stream,urgent need to improve the recall system of defective products chaos governance regulation.Especially in the background of economic globalization,more and more foreign producers participate in the market economy of our country,and the recall system is shouldering the heavy responsibility for the consumers.Therefore,the defective product recall system has very high application value in maintaining the market economic order,the balance between the interests of producers and consumers and imputation,has high theoretical value,in improving defect product recall system,there is much room for development,vigorously develop the defective products recall system is necessary.
Keywords/Search Tags:Samsung event, defective product recall, punitive damages
PDF Full Text Request
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