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Commenting Defective Products Recall System In China

Posted on:2013-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
GTID:2246330395952255Subject:Law
Abstract/Summary:
With the continual development of the economy, market supply capacity gradually improved, and consumers face a large number of products everyday. Accompanied the rapid growth of the product types and quantities, Because of the negligence of the products in the design, manufacture, transport and other aspects, the problems of the defects harm consumer personal and property interests are exposed. In view of this, many countries have set up a defective products recall system as the representative of the United States. United States recall system of the most representative, this article describes the United States system mainly, combined with the United Kingdom, and Japan two typical countries and characteristics of comprehensive analysis on product recall system in foreign countries, namely a wide range of the recall object, strong supervision, as well as complete supporting mechanism. These will no doubt provide valuable experience for our system construction.Defective products recall system in China started relatively late, formally established until2004. Faced with the current international situation, China had to quickly implement the system and improve the system, so as to seize the trend of international economic development and safeguarding national economic interests and the legitimate rights and interests of consumers, as well as to create a stable domestic market environment and promote economic development. Now, recall system in our country is not mature enough, compared to mature foreign institutional system; we have a long way to go. Characteristics and advantages of the system out of China are the problems and shortcomings of our system. Then I think to address these issues:firstly, the scope of application of product recall system should be relaxed. By the end of2011, the recall object in China confirmed by the law is just the automotive, food, medicines and toys for children in four product areas. Some developed countries have a wide recall range, in addition to establishing these four classes of products, also includes cosmetics, environment-related products, ships, lighting, household appliances, furniture, clothing, power tools, sporting goods, and even lighter and more general articles closely related to daily life, products supervised by the government more than15,000species totally. Secondly, government regulation should be stronger. It is necessary that the regulatory division must be clear, implementation of work responsibilities should be implemented, and divide the regulator professionally according to the recall object of different regulatory agencies. National Quality Supervision and inspection and Quarantine Bureau should be the role of "person in overall charge", and the auspices of the department are responsible for the main work and the implementation of relevant laws and regulations and research, and supervise other professional regulator’work. We establish special regulator according to the recall object, such as Food and Drug Administration which belonged to the Ministry of Health is responsible for the management of food, medicines, medical equipment and other products, motor vehicles and parts recalled by the Ministry of Communications. Thirdly, we should improve the related mechanisms, build efficient information collection system, and establish scientific criteria and fair authoritative testing organization. Good supporting mechanism is a system built belongs to the part. The recall system will play a positive role in the markets and control subjects of interest of the market balance, maintain market stability only when all aspects cooperate with each other. Finally, it’s necessary to increase the punishment, the substantial increase in the cost of illegal operators will strongly negates their illegal activities.
Keywords/Search Tags:Recall System, Defective Products, Consumer Protection
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