Research On The Improvement Of The System Of Defective Product Recall

Defective product recall system was first founded in America,it is a significant characteristic of the maturity of legal system with both characteristics between public law of civil law.China has issued a series of legal documents since defective product recall system was established in 2004,product recall system has experienced a development history from department rules to administrative laws and regulations and from special products to general products,whose legal system become much completer gradually.Especially,with the issuing of recall regulations about automotive products and consumer goods,the recall quantity and frequency of defective products promote sharply.However,there still has a lot of questions appeared in practice,particularly,Chinese consumers often suffered unfair treatments when foreign enterprises carry out universal recall activities,which explains that our product recall system still has many deficiencies to be further perfected in law.In order to better protect rights and interests of our consumers,this thesis try to put defective product recall system as study object.At first,analyze theoretical basis of the system,make a comparison with“three guarantees” system and analyze the special functions of the system,so that to explain it is irreplaceable in protecting consumer's personal security and property security;then,study the legal problems in our defective product recall system and analyze its deficiencies in legal system,legal liability,supervision system and so on;again,compare supervision administration,legal system and legal liability in western developed countries and regions such as America,Australia,European Union and so on to get some inspirations from them;at last,by based on the present system and reference from foreign advanced experiences in legislation and practice,try to make some suggestions to improve tour product recall system,which including through legislating Defective Products Recall Law and relative product recall regulations to perfect the system,regard unreasonable danger as the sole criterion,through bringing punitive damages into the system and normalizing recall subject's criminal liability to perfect legal liability of the system,through optimizing complete authorities and reinforcing the supervision of initiative recall to perfect supervision system.