Recall Of The Tort Liability Theory Of Defects

The technology of auto products is progressing day by day, but the progress also means the defects are increasing. In recent years, auto consumers in china are having come to familiar with the "recall". The reasons for the recall of auto products are defects and significant security risks caused by defects. The automobile recall system is a legal system which is constructed for the solutions of auto product defects and related issues. It has been practiced for many years in foreign countries, but it is just beginning in China.At present, the automobile recall system involves just a little legal provisions, includes the Product quality law of the people’s Republic of China, the Law of the People’s Republic of China on the Protection of Consumers’ Rights and Interests, the Tort law of the People’s Republic of China, the Contract law of the people’s Republic, the Management regulations of defective automobile product recall an so on. But these provisions either only pay attention to the defects of auto products, or imperfectly provide the tort liability caused by the defects.Some of these provisions are very crude, for instance, contradictions in some concepts, the range of responsible person is too narrow, punishment is insufficient an so on.I think, whether based on the relevant laws and regulations, or on the urgent needs of our society, we should reasonable understand and modify tort liability rules of the automobile recall system from the following aspects. First of all, we need to distinguish "defects" and "unqualified quality" clearly, and use the "defects" for the automobile recall system. Secondly, let the parts suppliers and defect project designers assume responsibilities. In third, see the responsibility between producers and sellers as the unreal joint and several liabilities. In fourth, in order to avoid misunderstanding, we should understand reducing responsibility of the relevant body caused by consumer’s faults from the aspect of causality. Fifth, we should modify The Tort liability law in order to avoid related subjects escape being punished by the punitive compensation system; at the same time, reasonable determine the limit of the punitive compensation system. I hope I can promote the tort liability law on the automobile recall system to be more perfect, actively cooperate with the automobile recall system construction, and contribute to protect the interests of consumers and people’s life and property safety.