A Study On The Legal System Of Recall Of Defective Products In China

With the gradual improvement of the economic system,people’s living standards are constantly improving.The variety of products in the market environment is increasingly diverse,and the safety accidents caused by defective products have also increased.For example,in recent years,the "Sudan Red Incident",the "Volkswagen Sagitar Incident" and the "Samsung Mobile Explosion Incident"have been expanding and spreading.The safety problems exposed by more and more products seriously damage the legitimate rights and interests of consumers.In this case,it is urgent to strengthen product safety management.The defective product recall system is an effective product supervision legal system with pre-emptive functions and can provide important guarantees for the legitimate rights and interests of consumers.After the introduction of the defective product recall system into China,after more than ten years of development,it has shown a gradual improvement trend.The developed country’s defective product system is relatively early and the development is relatively complete,while China’s defective product recall system is still in its infancy.At present,China has formulated specific regulations in the recall laws and regulations for automobiles,children’s toys,medicines and food products,but it lags far behind developed countries.The trading activities of products are included in the daily life of consumers,which are related to the safety of society and the interests of consumers.The defective product recall system is the primary task of safeguarding legitimate rights and interests.In 2004,China introduced laws and regulations for recalling defective products,that is,defects.The Automobile Product Recall Management Regulations are mainly intended to prevent related problems caused by defects in the quality of automotive products.In 2016,the Measures for the Management of Defective Consumer Goods Recall and the Measures for the Management of Defective Automobile Products Recall further clarified and strengthened the standards for recalling defective products.Therefore,in order to solve the problem of defective products in different fields in a timely manner,China needs to issue relevant laws and regulations such as the Defective Product Recall Law to protect the legitimate rights and interests of consumers.The defective product recall system means that the producer and seller will recall defective products in accordance with legal procedures to ensure the safety of the person and property of the consumer.The so-called recall refers to a certain type or batch of products in the process of planning,manufacturing,etc.,the product has some defects,these defects will pose a threat to human life and health,therefore,manufacturers have to take a replacement product to solve this problem.The establishment of a defective product recall system is a gradual process.The quality of defects and safety accidents are the catalysts for institutional reform.At this stage,although China has introduced the legal provisions for recalling defective products,but the relevant laws and regulations are not perfect,there are still many problems.The author made a specific analysis of these problems,put forward specific countermeasures to deal with product defects,and analyzed the product recall system from the legal point of view,which is also conducive to enriching the relevant theories of defective product recall systems.The author mainly focuses on the literature research method,combined with the comparative analysis method and other research methods,and based on the current legal situation in China,the author mainly studies the following five parts.The first part is the introduction.It is a brief introduction to the purpose,significance and background of the research,the research summary at home and abroad,and the basic structure of the thesis.The second part is a theoretical overview of the system.It mainly includes the basic concepts,classifications,basic characteristics of defective products,and the comparison of defective product recall systems with other similar systems.These statements in this chapter are conducive to the continuous improvement of defective product recall systems.The third part analyzes the implementation of this system in China and its shortcomings.It sorts out the legislative status quo of China’s defective product recall legal system,including the "Product Quality Law" and other specific provisions of the system,understands the legal issues of this system,and concludes that the legal system is incomplete,the judgment criteria are not clear,and the punishment is too light.The supporting system is not perfect.The fourth part is the relevant legal system of extraterritorial countries and its enlightenment to China.The author analyzes the legal system of defective product recall in developed countries,compares the shortcomings of China’s laws and regulations,summarizes the complete legal system of defective product recall,perfects supporting supporting institutions,clear early warning system,and strict punishment system for defective products.The revelation of the recall of the legal system.The fifth part combines the current legal structure of China,draws on the system of foreign related organizations,establishes a special legal system for defective product recall,and puts forward suggestions and suggestions for perfecting the legal system of defective product recall in China.It is hoped that through these efforts,we will contribute a small amount of power to the rapid development of China’s defective product recall legal system.