Research On Defective Product Recall System In Our Country

The defective product recall system originated in the United States in the1960 s.The United States was the first country to implement the defective product recall system and has achieved advanced results in the issue of defective product recall.As an effective legal system for product regulation,the defective product recall system is an effective means to protect the rights and legitimate interests of consumers.In China,since the introduction of the defective product recall system in 2004,China has gradually established a series of supporting administrative regulations and departmental rules.The defective product recall system has gradually expanded in coverage from the original departmental regulations to the improvement of relevant legislation and the establishment of departmental regulations and rules for special areas of legislation,and it is also an important sign that the legal system is gradually becoming mature.As a whole,the current recall regulations are mainly for products that are frequently recalled,i.e.automotive products and other consumer goods.However,compared with the relatively mature product recall system in foreign countries,there are deficiencies in China,both in terms of legislation,management model and product recall practice.This paper mainly carries on the analysis from the following several aspects.Firstly,introduces the concept of defective products and the concept and characteristics of defective product recall system,clearly defines the concept of defective products and explains the origin and development of defective product recall system,and analyzes and summarizes the current legislative status in China,pointing out the imperfections in the current legislation at various levels.Secondly,through the analysis of relevant typical cases,we clarify the imperfections in the current legislation and practice of defective product recall system,and reveal the problems in China’s defective product recall system,mainly in legislation,legal liability for product defects,difficulties in accessing product information,and the unsoundness of the regulatory system of product recall.Again,based on the practices and experiences of the defective product recall system in the United States,Japan and Australia,the differences and similarities in the criteria of defective product recall in some foreign countries,the regulation of the legal liability of defective product subjects with strict liability and the application of punitive damages in some countries,and the reference of the mandatory reporting system of defective product safety are presented.In the light of China’s specific situation,we propose some suggestions for improving China’s defective product recall system in terms of legal system,regulatory system and specific practices.