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The Legal Study of the Defective Product Recall in Our Country

Author: JiangZuoZhu
Tutor: ZhaoMinYan
School: Dongbei University of Finance
Course: Economic Law
Keywords: defective products recall the perfection of legal system
CLC: D923.8
Type: Master's thesis
Year: 2012
Downloads: 69
Quote: 0
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Abstract


With the rapid development of global economy, each country economy gradually becoming integrated, product distribution channels widely, the kinds and amount to increase ceaselessly, make commodity in a more wide range frequent transactions, but also improve the level of development of science and technology and the complexity of the product. Admittedly, this situation also brings a good income, but at the same time to consumer harm is caused by a defective products have appeared in large numbers, causing consumer personal and property security issues become the focus of the society. Because of this, people in the consumer in the process of legal consciousness increasing, the defective product recall law system has become a cause consumer attention. Nowadays, the defective product recall system is getting more and more attention from all over the world, especially the developed countries have generally established a system of high, strong operability of the defective product recall system.Defective product recall system originated in the United States in1966promulgated the " national traffic and motor vehicle safety law ", after a long-term practice has proved, the defective product recall system not only improves the producers of the product quality awareness, but also to the protection of legitimate rights and interests of consumers also play an important role in. It must be admitted that, in the rapid development of global economy today, the recall system of defective products to the world the legitimate rights and interests of consumers protection play a decisive role. Unfortunately, so far our country still does not have a specific defective product recall system and has a command of the legislation, the legal system only stay in the low hierarchy of binding is not strong, the administrative regulations level, cause our country the legitimate rights and interests of consumers do not get effective protection. Thus, based on our existing system of recalling the defective products of the relevant provisions, at the same time, the mature experience from developed countries, combined with China’s specific national conditions, perfect the defective product recall law system in China has been crunch time. This paper mainly uses the analysis of inductive method and comparative research method, from the defective product recall system is the basic concept in the legal system, summarizes the characteristics and function of the foundation, draw lessons from this system in foreign developed countries practice of successful experience, combined with China’s defective product recall system legislation present situation, pointed out that the defective products in China the recall system of the existence of the problem, to our country the improvement of defective product recall system and put forward the corresponding countermeasures.In this paper, besides introduction and conclusion, is divided into four parts. The first part is the research on defective product recall system of defective product recall, introduces the concept and legal features. Based on the analysis of defective product recall system is to protect the legitimate rights and interests of consumers, increase the social credit of the enterprise, improve the social benefits, regulate market order and protect public safety and other five functions.The second part is to the United States, Britain was investigated, France and Japan and other developed countries on behalf of the foreign system of defective product recall. Through to these countries is relatively mature, perfect legislation, law enforcement and features and other aspects of investigation and analysis, this paper summarizes its successful experience, then come to our country current defect product recall system to have draw lessons from a meaning the five inspirations, legislation through legal form recall system; establish own regulatory provisions; harsh punitive damages; legislation process from specific to general; according to native national condition, meet their needs.The third part from the introduction of" the general principles of the civil law ","product quality law","consumer protection law","food safety law ","law of tort liability " and separate regulations on defect product recall rules proceed with, analysis of the defective product recall system in China’s legislation present situation, in-depth analysis of China’s defective product recall legal system deficiencies, mainly: legislation is not perfect, the lack of systematic legal regulations; recall of objects obscure, standard, is not conducive to accurately determine the presence or absence of the product defect; no special identification mechanism, it is difficult to make the authority of the identification result; regulatory responsibilities are not clear, division of functions and powers between the overlapping the phenomenon is very serious, it is difficult to effectively safeguard the defective product recall system implementation; the rule of legal responsibility lack of deterrence, punishment is too " tolerance".The fourth part of the perfect law system of defective product recall necessity undertook brief analysis, on this foundation put forward to perfect the train of thought of the system, is divided into three parts. The first part is to improve the existing laws of our country, on the " consumer protection law " and " product quality law " put forward to perfect the proposal; the second part is developed specially for defect product recall law, including explicit recall of defective products standard, establish special object identification mechanism, a clear division of responsibility, execute punitive regulatory agencies compensation system of defective product recall, the procedural provisions; the third part is the other relevant supporting measures are perfect, strengthen the information system, strengthen the work of defective product information early warning system, establishment of defective product recall insurance mechanism.

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