Legislative Study Concerning Chinese Product Recall System

With the publicity and implementation of Defective Vehicle Recall Control Regulations, Product Recall System was launched on OCT 01, 2004, and started its practice in China. Product Recall System, as a mature and relatively perfect one, long lasted in developed counties and regions. There are 4 parts in this paper to study the legislative problems on product recall system.The basic concepts related to product recall are introduced and clarified through analyzing recall feature, type, and difference with similar clauses in 1st part. The product recall origin and history as well as the latest developments in foreign countries and Taiwan & Hongkong etc. are introduced, and it mainly focused on American product recall system and briefs for other ones in 2nd part. The legal gist and the role of product recall are presented in 3rd part if China is to set up the product recall system. Total 10 problems such as product recall legislation mode and style etc., concerning product recall system are discussed and some constructive views are put forth for the legislation planning for this system in 4th part.The current recall system was carried out and the next step is to set up product recall system including all the products. The innovative ideas and suggestions are provided for the construction of Chinese Product Recall System. For example, the principle of identifying the product defect through comparing the difference of "product defect" between product liability and product recall, and the exemption for recall liability may be firstly described in it as the exemptions for product defect are not involved in Defective Vehicle Recall Control Regulations of China.In a word, the in-depth study and discussions are conducted and some advices are given in this article, with a view to improve the current regulations and better set up our product recall system as a whole in near future.