Research On Recall System Of Special Equipment

In spite of the high demand in the field of practice,the study of perfecting the recall system of special equipment is still a blank in the field of law in our country.Since this research is located in the edge of the two research fields of the safety supervision system of special equipment and the recall system of defective products,Therefore,the researchers in the two fields have their own professional emphases,and the research results concerning the recall system of special equipment are very rare;and the research results devoted to the improvement of legislation are academic gaps that need to be filled up.This paper is divided into three parts to try:The first part discusses the general theoretical problems of special equipment recall system.Special equipment refers to eight kinds of equipment,such as boilers and elevators,which are dangerous to personal and property safety.Total identity defect,The manufacturer must recall by means of replacement,recovery,etc.The second part discusses the current situation of special equipment recall system in China and analyze the existing problems.The recall system of special equipment in our country is created by the special equipment safety law,but the legal system is not perfect seriously;there is no supporting executive rules,and the relationship between the recall system and the safety supervision system has not been straightened out,which makes the recall system of special equipment unnecessary.At present,three recall cases have been completed in China,there is unclear ownership of law enforcement power.The past cases of law enforcement of special equipment also reflect a strong sense of management and lack of service consciousness in the law enforcement department,and we should focus on building a service-oriented government.In addition,these cases also reflect the failure of law enforcement authorities to fully respect the secret recall methods that have long been developed in the special equipment industry,and to increase the burden of compliance on major recalls.The third part discusses the measures to perfect the recall system of special equipment.It is a necessary measure to clarify the ownership of the central law enforcement power of recall and the local recall enforcement power.In addition,it is necessary to straighten out the connection between the recall system of special equipment and the laws of other departments.Especially in the aspects of recall information management,product defect standard,recall implementation and so on,it is particularly important to clarify the link with the safety supervision system of special equipment.It is necessary for AQSIQ to draft a special equipment recall management method.The main achievement of this paper is to find out the problem where the recall system of special equipment can not be carried out smoothly,to put forward the solution,and to give some reasonable suggestions on how to perfect the system.