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A Dissusion on the Construction for the Law System of Defective Product Recall

Author: LiYu
Tutor: JinHeLu
School: Yanbian University
Course: Civil and Commercial Law
Keywords: Defective products Recall Establish
CLC: D923.8
Type: Master's thesis
Year: 2009
Downloads: 140
Quote: 2
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Abstract


With the competition in markets turns crude, the update cycle of products is shortened. In order to win the market campaign, enterprises generally research and develop new products, accelerate the production. Hoping to dominate the market, the enterprises try their best to shorten the time that the new products appear in the market. This competitive strategy plays an important role in market competition, but unavoidably, the possibility of technological risk and defective products increase at the condition that the new products have not been tested. Because information is asymmetric, the consumers hardly can not only grasp the evidences that the defects occur in design, manufaction or circulation link,but also get the rational compensation. Single consumer’s prosecution cannot attract the product supplier’s attention to dispel the risk and punish manufacture. Only the government’s involvement can safeguard the public’s healthy and property to the maximum extent. The defect products recall system is designed to dispel the risk timely and effectively under the government’s involvement. In 2004,publishing and implementing "the regulations of defective automobiles", a favorable beginning was set up of future all-around regulations of all kinds of defective products .Undoubtedly, the designing and implementing the system of defective product recall which is a new law system, is closely related with previous law system, therefore it is necessary to study the legislation. The thesis includes six parts:PartⅠintroduces the study aim, study significance and study methods.PartⅡelaborates the basis theory of law system of defective product recall. It not only introduces this system’s history, conception and characteristic, but also differentiates and analyzes it and correlative system. Then the thesis demonstrates the law basis of the rule of recalling defective products from the prospective of law philosophy, the contract law and the consumer-protecting law.PartⅢintroduces the law system of defective product recall in representative countries, as well as the their characteristic, and analyzes the example law system from both substance and procedure in order to acquire the revelation.PartⅣsummarize the law system of defective product recall in our country, and analyzes its legal characteristic and its deficiency.PartⅤ, basing on the national condition and necessary, gives a series of suggestions to establish the system of defective products recall in our country, which includes law—making pattern, law—making principle, the subject and object of law—enforcing and recalling, the way of recalling, the procedures of recalling, the limitation of recalling, the responsibilities of the body failing to recalling and so on.PartⅥ,on the base of aboves, elaborates the problems that we should pay attention to while establishing the system of defective products recall,and restate the significance of the system.

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