Study On Legal System Of Defective Products' Recall

Defective Product Recall System originated in the United States. Nowadays it is also implemented in Japan, South Korea, Canada, Britain and Australia. U.S.'Defective Product Recall System was first applied to automobile products. The recall practices in the United States and other countries have shown that a sound recall system will guarantee product quality for consumers and protect consumers'rights and interests. The implementation of such a system will be conducive to tightening manufacturers' as well as dealers'awareness of product quality, urging companies to attach importance to technology updates and environmental protection problems, and rectifying and standardizing the market competition.Defective Product Recall System is one kind of safety protection systems for social life, which aims at the products which have already entered into the market. Product defect necessitating a recall refers to a common defect in the design or production that occurs in a certain batch, model or category, posing potential hazard to the users. There are generally two types of defective products, those with defective designs and those that are manufactured improperly. Defective products are most harmful. They are not safe, environmentally friendly. When they enter into the market, and the concerned authority do not take effective measures to handle it properly, we shall suffer the consequences, such as death, the loss of property and pollution. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause. Therefore, it is necessary to formulate laws and surveil defective product producers, impelling them to recall and improve their defective products, etc.. Possible flaws in the process of product designing, manufacturing and selling should be eliminated to safeguard consumers'rights and interests.Unlike the United States and other economically developed countries, there is no official recall system in China. In 2004, China has promulgated "Administrative Regulations on Recalls of Defective Automobile Products" and the automobile industry was the first in China that piloted a defective product recall system. It was then so hot an issue that it aroused intense public interest in the establishment of a comprehensive Defective Product Recall System. However, we now only have the initial framework of a Defective Product Recall System. There is more for us to do if...