On The System Of Supervising Defective Automobiles Recall In China

In 1960s, the world-leading automobile manufacture countries and regions, such as Europe, the U.S. and Japan, have established in succession comparatively scientific and sound legal system in terms of defective automobiles recall, which is strictly observed and implemented. In contrast, the Chinese automobile market, one with highest increase speed and with great potential, lacks a comprehensive legal system to deal with problematic automobiles and their recall. This severely limits the legalization process of defective automobiles recall in China. Therefore, setting up a sound and scientific legal system concerning defective automobiles recall has become a current priority.The recall and supervision system of the problematic automobiles is based on the juridical theory of social standard, "permissible risk within reasonable range" and government intervention. Implementing recall and supervision system will contribute to improving automobile making technology and quality standard, as well as eliminating the huge potential danger of defective automobiles, thereby better protecting the legal rights of local automobile consumers. The present system has a wide range of legal roots, mainly based on economical laws, referring also to civil and penal laws. Of all the terms, many pose unsolved problems:unclear supervision responsibility, lack of compulsory technique standard on automobiles to be recalled, shortage of guarantee on the neutrality and authority of automobile testing institution, too light responsibility for not recalling problematic automobiles.etc. Therefore, besides raising the legal status of recall and supervision system, the government should also establish a supervision system with clear-cut responsibility and fully exert the role of industry self-regulation and consumers’ association; formulate a unified automobile technique standard and promote third-party detection model; aggravate the legal burden of recalling defected automobiles. Only when above measures are enacted, can the recall and supervision system of defected automobiles in China be more scientific and lay a solid legal foundation for solving the problem.