An Analysis On Defective Product Recall System Of China—from The Sanlu Milk Powder Accident

With the development of the economy, a lot of product safety issues occur in many countries. The event of"Milk powder 911"is not only an occasional accident. The frequent issues happened in product safety field reflect the severe current situation. Through analyzing the source of Sanlu accident, the comparing of relevant definition and the relevant legal issues in defective product recall system, the paper expounds the deficiency of Chinese defective product recall system and brings forward suggestion to improve it.Besides the preface and the epilogue, this dissertation is divided into four chapters.Chapter one analyzes the source of Sanlu accident and exposes the leading reasons: the superiors'lack of responsibility, the existing problems of law itself, and the producers'lack of morality and legal consciousness.Chapter two focuses on the basic concept of defective product recall system. By exploring the definition of product, defection and recall and the comparing of relevant systems, the basic definition and system involved could be understood.Chapter three focuses on analysis of the current situation of defective Product recall legal system in china. Then the problems of defective product recall system are studied, including low legislative level,lack of authoritativeness, limited application, bad maneuverability, indefinite division of labor in administrative authority, the deficient supervising system, the unclear responsibility of recall methods, and light penalties for violation of laws.Chapter four makes encounter measures and suggestions for the legal system of defective product recall in china. It is discussed from two aspects. First, revising and improving the current laws and regulations, and accelerating the building of product recall legal system. Second, establishing combined mechanism of defective product recall system.