The Study On The Law System Of Automobile Product Recall In China

With the consumption and quality problem of automotive products is being paid more and more attention, the value of the law system of recalling automotive product has become increasingly prominent. In practice, recalling automotive product is helpful in eliminating the damage which the defective automotive product could cause to society and the other’s body and property maximize before it happened, and at the same time, it also reflects the high degree of respect for the personal and property safety, and the entire society of the car product operators. China automobile product recall legal system implemented formally after the Car Eefective Products Recall Management Regulations enacted in 2004;thereafter,the issue of On the Implementation of the Recall Management Defects on the Vehicle M2 and M3 Class Bulletin(2006 twenty-third) and On the Implementation of the Recall Management Bulletin on the N Class and O Class Vehicles(Twenty-Fourth 2009) and some other system refined the range of vehicles for vehicle product recall, promoted the development of the whole automobile product recall law system. In January 1, 2013, the implementation of Eefective Automobile Product Recall Management Regulations promoted the development of automobile product recall law system further more. At the same time, it should be noted that China’s automobile product recall legal system is still not perfect,the system still exists a series of problems which include that legal level is not high,the standard of the recognizing defects for automotive product is not clear, the lack of experience of juridical practice and so on, these problems lead automotive products in China to face many difficulties in the recall,therefore,strengthening the research of the legal system for automotive product recall has very important practical significance.The content of this paper consists of the following aspects:The part of introduction, according to the FAW Volkswagen Sagitar recall, leads the problem and the significance of the research of the automobile product recall law system in our country; put forward the research method of the study content, and the innovation.The first part conducts the research to the general theoretical problems of automobile product recall law system. This part defines the concept of automobile product recall legal system in our country, at the same time distinguishes the other concepts which are easily confused, and demonstrates the necessity of recognition for China’s automobile products recall and improving for the relevant system.The second part conducts the research to the development of China’s automobile product recall law system, discusses the deficiency of our country’s automobile product recall law system witch is still existing. This part makes clear the whole historical evolution of automobile products recall legal system in our country at first; followed on discusses about the progress of from Car Eefective Products Recall Management Regulations to Efective Automobile Product Recall Management Regulations; and then puts forward the existing problems of the present automobile product recall legal system, such as the legislation level is not high, the regulation is not in place, the lack of independent appraisal institutions and legal responsibility is not perfect and so on; finally, it puts forward some measures to perfect the legal system of recalling China’s automobile products.The third part reviews on the related theories of extraterritorial automobile product recall legal system and practice experience, this part starts from the analysis of the related system of the United States, the European Union and Japan experience, proposes some enlightenment which is fit to be referenced in our country.The fourth part puts forward some improving suggestions combined with the current actual situation of automobile product recall legal system. The proposed suggestions of this part include: to upgrade the legislative defect standard, clear the standard of determination of defects, clear the functions of the government to strengthen supervision, establish the professional appraisal of defects witch is independent and neutral, and improve the relevant legal liability form.