The Car Recall The Legal Issues

In recent years, as the number of domestic automobile possession has been increasing, the complaints on the quality of cars are continuously growing. The issues, including the leaking brake pipeline of Mitsubishi PAJERO V31 and the vent-pipe of Benz MB 100 Wagon, have intense echoes across all circles of society. The voice of calling for an equal treatment by Chinese auto consumers as overseas consumers becomes much louder. Since the "Defected Car Product Recall Adminlstration Regulation" came into practice, some achievement has been got. But there are still some problems to be solved. As a thesis of law system of defected car product recall, it is focus on the theory basis to compound the transplanted law with the original laws and regulations. At the same time spend some on discovering the auxiliary enforcement system, which can help the law acted fluently and ease the shock to the society.There is five parts. The first part is about the basis theory of law system of defected car product recall, it defined the meaning of product recall system and it is law and regulation, and from the law relationship that including the corpus, object, measure, procedure, deadline, form and condition it make dear the substance of law and regulation of car recall. Then analyzing the value of law, it comes to the inclusion that we can find the basic of enact law from economic law, which can provide good theory environment for it. And then analyze the legal system info of defected car product recall administration regulation. Next analyze Car Recall and its related regulations respectively, for instance, Car Recall and Three Warranties, Car Recall and Withdrawal or Retum of Car, and the relations and differences of Car Recall and Crackdown on counterfeits, which makes us more clearly understand and define the meaning of Car Recall.The second part provides a preliminary analysis of the base of the auto recall. The first analysis focuses on the social basis, the second analysis on the legal base. The establishment of the recall system of the imperfect autos not only helps to maintain the public security and the public social interest, but also helps the Chinese auto enterprises make full use of their advantages, and helps to improve the comprehensive competition of the Chinese auto enterprises as well. At the same time, this part supplies a legal and philosophical probe into the base of the recall of imperfect autos and the issues which need our attention in terms of economic law and the international economic law, with respect to the PRC Contract Law, PRC Law on Protecting the Consumers' Rights and Interests, the PRC Law on Product Quality.The third part introduce the developing history of foreign car product recall, to learn the successful experience including the corporation the department in charge, recall procedure etc. Discovering the present law system cannot regulate some phenomenon caused by defected car product and the problem founding the enacting of "Defected Car Product Recall Administration Regulation" such as law enacting level, administration model etc. The author put forward the possibility and problems need to pay more attention on of establishing defected cat product recall system. This part leads to the follow Discussion.Part four offers a comprehensive review of the current auto recall system of China. First, it analyzes the status quo of the recall system. Then it comments on the lack of authority of the recall system due to the issue of various regulations, and the influence of the recall system.The last but not the least part is the fifth part of the auxiliary enforcement system. It provides some suggestions for the improvement of the auto recall system, including the improvement of the legislative level, improvement of the information system, establishment of the auto recall system, participation of the consumers in the identification, improvement of the punishment standards, and a just and independent examining institute of a third party and its standards. The defected car products information collecting system should cover all the ways of products flow to such as the registered system, the tracks of client, society supervisory and information feedback, the litigation records est. The key point of make the government power in defected car product recall and the present law system logically unifies is an independent authentication agent. Finally it can force the manufacturer to perform the duty such as corporate with the government during investigation, or recall by their own will because it can ease their responsibility in the lawsuit.