Legal Consideration Of Chinese Defective Automobile Product Recall System Lack Of Legislation And The Reasons

Car ownership in China has risen dramatically year by year, followed by the vehicle safety is increasingly the concern of the community. Defects in automotive products between the public’s personal safety and property interests of consumers, international practice is to build defective auto product recall system to monitor corporate behavior constraint system auto manufacturer’s focus on product quality. The "defective auto product recall management regulations" as a symbol of the defective product recall take an important step of legislative. Recent year, with the rapid development of Chinese market economy, "defective auto product recall management regulations" has been increasingly unable to meet the needs of protecting consumers’rights.Toyota incidents expose our need for a comprehensive legal system of defective auto product recall. This focus on automotive productive legal system, and causes lack of legislation. Mainly through analyzing Toyota has other foreign source event, and further find the obstacles and difficulties in practice of the defective cars product recall system. In reference to foreign defective auto product recall system, combined with our current situation, we discuss some measures and methods how to improve our defective automotive product recall system. The source of Toyota recall, mainly from three aspects——the production of corporate social responsibility, namely legal mechanism problems, lack of responsibility of regulations.Automotive product recall of defective legal framework already established, but in practice can not be put in place, its impartiality, authority and effectiveness of a lot of embarrassment and problems faced. Events such as the Toyota recall, its lack of legislation and the urgent need for improvement is obvious. Overall, the current product recall of the defective car lacks a sound legal support.Form "recall culture" is not an overnight thing, it requires long practice and over time. Perfect of Chinese defective automotive products recall system is a constantly process absorbing the advanced experience of developed countries, a gradual process exploring the legal and institutional situation of China’s. We look forward to the national law to give consumers more and more protection.