Research On Legal System Of Defective Products Recall

In many countries, the defective product recall system developed relatively mature and improvement, and became more and more important in protecting the consumers’ rights and interests, preventing defects of products and promoting market environment. Comparing to the developed countries, China’s product recall system is far from perfect and has many various questions. In view of the important role of eliminating the perils people’s body and property attributed to potential of products, the author think that China should learn from the experience of the developed countries as soon as possible to improve our recalling system.This paper has four chapters. In order to introduce the topic to be discussed in this article, the preface briefly summarized the significance of the defective product recall system, introduced the current legislative situation and analyzed the necessity of the recall system which established in China.The first chapter is the definition of concepts. It mainly introduced some countries about the concept of product defects and recalls and classification, and to summarize some things in common, to really grasp the concepts more clearly the nature of the core issues.The second chapter is the defective product recall system of outside and some theoretical problems. This section is the focus of the article, mainly in the United States, Australia, France and Japan as the representative to understand the recall system for defective products in the world of legislation and development. Some theoretical issues were discussed, such as the elements of defective product recalls, the procedures to follow of recalls and legal responsibility of violation to perform their recall obligations, as well as to build China’s recall system for defective products to provide some theoretical supports.The third chapter is the defective product recall system at home. First is about the analysis of the current legislative situation and problems in defective product recall system of our country. Through the introduction of legislation on recall, we can conclude that there are many problems existing in the defective product recall system, such as the lower level in legislative effectiveness, the types of the recalled products are fewer and the involved extent is narrow, the person who are in charge of recalling do not have a clear responsibilities, and lack of deterrence, the underweight of liability and so forth. Then based on the four defects mentioned, put forward four advices as follows:making the legislative system of the product recall system to be more perfect, which includes the current relevant laws and enacting the specialized product recall law; appropriately expand the type and scope of the recalling products; rebuilding the division of responsibilities of the supervision authorities; making the recall duty to be definite and establishing the punitive damages mechanism. Finally, the author hoped the present research can benefit in making the defective product recall system to be more perfect.