Research On The Legal System Of Motor Vehicle Environmental Protect Recall In China

The “defect” in the defective automobile product recall management regulations only contain unreasonable risks that endanger personal safety and property safety,but fail to include environmental safety,resulting in the long-term legislative absence of the legal system of automobile environmental protection recall in China.The increase in environmental pollution has made people realize that motor vehicle exhaust pollution has become one of the four major sources of air pollution,which must be controlled from the source,and the environmental protection recall of motor vehicles is one of the effective measures.This article starts with the definition of environmental protection defects,first interprets the basic theory,combs the current status of legislation,then finds out the existing problems,and finally puts forward suggestions for improvement based on foreign experience.The main contents are divided into four parts:The first part is the basic analysis of vehicle environmental protection recall legal system.Comparing with the three guarantees system and recycling system on the basic of understanding,combing the relationship between the general motors defects recall and vehicle environmental protection recall,analyzing the advantages and disadvantages of the “motor vehicle recall environmental protection management regulations”.The second part is the dilemma and reason about the legal system of environmental protection recall of motor vehicles in China.Motor vehicles environmental protection recall legal system is facing many difficulties,such as lack of a basic law on automobile defect recall and professional testing institutions,imperfect recall procedures and so on.The main reason is that producers don’t have enough environmental protection responsibility consciousness,and we didn’t realize the source of atmospheric pollution in time.The third part is the experience of the legal system of environmental protection recall of motor vehicles.This part mainly analyzes the legal system of automobile environmental protection recall in the United States,Japan,France and other developed countries,and find something advantages and experiences we can learning from.The fourth part is the right way of vehicle environmental protection recall in China.Put forward concrete opinions for the second part of the problem,not only to formulate a law about car defect recall,set up the independent inspection institutions,and introducing the recall insurance system.The legal system of environmental recall of motor vehicles in China will be more standardized and refined by dividing the legal responsibilities of vehicle manufacturers and component manufacturers.