Research On The Legal System And Improvement Of Defective Automobile Product Recall System

In order to maintain the trading order of the automobile market,protect the rights and interests of consumers and the overall safety,Defective Automobile Product Recall System stipulates that manufacturers have the legal obligation to recall defective automobile products.And the administrative authority should be based on the maintenance of public interests and justice,to monitor producers recall practice activity,regulate the behavior of producers,effective play to the system of preventive,initiative and universality,public welfare,discussion and other characteristics,improve the quality of products of automobile producers’consciousness,maintaining the order of auto consumption market.The recall obligation of the automobile product manufacturer derives from the safety guarantee obligation,which requires the manufacturer,as the initiator of the hazard sources of automobile products,not only to ensure that the automobile products meet the basic requirements of safety,but also to intervene in an appropriate way when the automobile products have defects.In the academic theory and practice of various countries,the unreasonable risk of automobile products is usually taken as the judgment standard of product defects,and thus four theories of Consumer Expectation Test,Risk-Utility Test,California Hybrid Test,and Deviation from the Norm Test are developed as the specific judgment methods.But our country sets the standard of automotive product defects to safety technical standard and unreasonable danger,and failed to clear the unreasonable danger standard how to apply,together with a more general content and imperfect legislation supporting implementation of the system,cannot fully meet the consumers’ rights and interests protection and the actual demand of the rapid development of the industry,severely restricts the healthy development of the automobile consumption market,brings instability risk factors to social security.In view of this,it is of practical significance to study and perfect the legal issues of China’s defective automobile product recall system.This paper systematically sorts out the legal regulation status of defective automobile product recall in China,including the legislative status,judicial status and industry practice status.Through investigation,it is found that the existing rules have the following deficiencies:First,the existing management system is deficient,and it is difficult for the legal system of recall of defective automobile products to communicate with other laws.Second,the existing automobile product defect identification system cannot meet the actual needs,and the third-party testing agencies cannot establish professional authority.Thirdly,there is a phenomenon of absence of consumers in recall practice,and consumers lack effective participation in recall of defective automobile products.Fourth,the supporting mechanism of defective automobile products is not perfect,the collection and release channels of recall information are insufficient,and the recall insurance mechanism has not been established,which makes it difficult to provide guarantee for the smooth implementation of the recall system of defective automobile products.Then,this paper analyzes the legal protection system of defective automobile product recall in the United States,Japan and European countries,and draws the following enlightenment:it is necessary to build the defective automobile product recall and supervision model according to the actual situation of our country.Need to have advanced and complete automotive product market access safety standards and certification bodies.Consumers need to participate in recall activities to achieve effective supervision.Perfect supporting mechanism to promote voluntary recall by producers.Finally,this paper proposes several countermeasures to improve the deficiencies of the existing system.First,improve the defect automobile products recall legislation system,including establish improve the defect automobile products recall the expertise,fundamental national legislative model,legislative authority of the rational allocation of responsibilities,and further perfect the way to bear the legal responsibility.Second,establish reasonable identification standards and applicable rules for defective automobile products,including improving the scientificity and timeliness of safety technical standards,improving the applicable rules for unreasonable hazard standards,and strengthening the professionalism and authority of third-party testing institutions.Third,strengthen the protection mechanism of consumers’ rights and interests in the recall system of defective automobile products,including adding the mechanism of consumers’ request right to start defective automobile products recall activities and the mechanism of consumers’ participation in supervision.Fourth,improve the supporting governance mechanism,including the establishment and improvement of the information disclosure mechanism related to automobile product defects,and through the construction of defective automobile product recall insurance mechanism,to ensure the safety of consumers’ compensation.