Study On Punitive Damages In The Compulsive Recall System

With the "Food Security Act","Defective auto product recall regulations","Drug Recall Management Measures" and other laws have been promulgated and implemented, China’s mandatory recall system become more and more diversified and Systematization. Its achievements prove defective products recall system is not only a weapon to protect the legitimate interests of large groups of consumers,but also an effective means of maintaining national stability and social insecurity. But China’s mandatory recall law started rather late, legal system still in the time of integrity and need to be improved.From the scope of Mandatory recall legal regulation, in addition to food, pharmaceuticals, automotive and other industries, many industries does not cover.Regulation is used in a limited scope. From the the mandatory recall’s main operation,we can see the Administrative authorities is the main force,Limited administrative resources in the face of increasing the defective product obviously become weaker and weaker. From the violation of mandatory recall procedures for the consequences of point of view,Punitive measures is a mere formality, Hidden recall is in the high incidence.Refused to recall, hiding and unreported and other phenomena also confirms its have no deterrent.In various industries for the protection of mandatory recall system in full swing, and for mandatory recall system to adequately and timely high-efficiency, not only need tougher laws to deter and education, but also need to transferring part of the public rights to the judiciary and private. I believe in that situation, dealing with the wide range of highly specialized,and mandatory recall of the many kinds of defective products, the introduction of punitive damages is very necessary.In view of domestic law about mandatory recall and punitive compensation is a product which borrowed from the Anglo-American legal systems.Discussion on the system is also less in the country,So the study of punitive damages in a mandatory recall system has important theoretical and practical significance.before out country will launch a "Defective Product Recall Regulations", I make recommendations on related systems and expecting my recommendations can be benefits to the perfection of mandatory recall system.