Research On Recall System Of Defective Products

The United States first established a defective product recall system,which is an important feature of the legal system gradually becoming mature,and it has the dual attributes of public and private laws.Since the establishment of the defective product recall system in 2004,China has successively issued a series of supporting legal documents.The product recall system has gone through the development process from departmental rules to laws and regulations,and from special products to ordinary products,and the system has gradually improved.In particular,the introduction of recall management methods for automobile products and consumer products has greatly increased the number and frequency of product recalls.However,many problems are still exposed in practice,especially the frequent occurrence of unfair treatment by Chinese consumers during the global recall of foreign companies,indicating that China’s product recall system still has many shortcomings and needs to be further improved in law.In order to better protect the personal and property safety of consumers in China,this article attempts to study the product recall system.First,analyze the theoretical basis of the system,the current status of the law and the actual cases of recalled products,and point out that it is irreplaceable in ensuring the safety of consumers’ personal and property;Then,study the legal problems of the system in China,and analyze its deficiencies in the legal system,legal responsibility,regulatory system,and so on.Thirdly,conduct a comparative study on the regulatory bodies,legal systems,and legal responsibilities of the system in the United States,the European Union,Australia and other countries and regions,and discuss its enlightenment to China;Finally,based on the current status of the system in China,we try to draw on advanced legislation and practical experience to put forward some suggestions for improving China ’s product recall system,including improving the relevant legal provisions of the Product Quality Law and the Consumer Rights Protection Law.Improve the product recall legal system,introduce a punitive compensation mechanism and standardize the legal responsibility of the recall subject to improve the product recall system’s blame system,clarify the product recall regulatory department and strengthen the supervision of active recall to improve China’s product recall regulatory system.