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Of Defective Product Recall Legal System

Author: ChenYan
Tutor: LiuShiGuo
School: Fudan University
Course: Civil and Commercial Law
Keywords: Product Recall Product defects The main responsibility Recall procedures
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 311
Quote: 0
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Abstract


Defective Product Recall System is generally established in the countries and implementation of practice has proved sound, efficient Defective Product Recall System, help to improve the sense of quality and integrity awareness of producers, sellers, but also conducive to the promotion of consumer safety and the protection of social and public interests. Defective Product Recall System of a late start, after nearly a decade of development, China has initially established a \toy recall provisions \But China's defect recall system there are still more inadequate, to be further improved. This paper to discuss a number of legal issues in the defective product recall system, establish and improve the judicial interpretation of the defective product recall system and the specific issues of the executive and the legislature made a number of recommendations. This paper is divided into four chapters are discussed. The first chapter of the defective product recall overview introduces the basic concepts of the product recall and product defects, different definitions of different countries and regions, its legal meaning, and the laws of the defective product recall system characteristics and necessary was analyzed, the last of the defective product recall system compared with the \The second chapter of defective product recall legal system were investigated, the course of development of the defective product recall system, and described the current effective provisions of the defective product recall system and the law applicable to the case, in the analysis legal status in China based on the proposed issues and lack of current law. Chapter III of this paper carried out a comparative study of the common law and civil law, defective product recall system. Defective Product Recall System of the United States, Australia, the European Union and China's Taiwan region, for example, the provisions of these countries and regions, the main responsibility for product defects identified standards, the scope of compensation, recall procedures and administrative supervision. Based on this, combined with China's actual situation and raised abroad and other parts of the defective product recall system Enlightenment on China. Finally, on the basis of the first three chapters discussed how to improve the recommendations of the defective product recall system. First of all, I believe that our legislative status quo decided to compare operational defective product recall system legal system introduced in the law in force on the basis of judicial interpretations on \defect recall the executive and the legislature. Secondly, I believe that the legal nature of the recall of defective products should be defined as civil liability. Third, I suggest in the judicial interpretation of the Supreme Court should be the main responsibility of the product recall, the scope of compensation and defects identified standards reasonable definition. Finally, I suggest that the comprehensive provisions of the executive and the legislature of the State Council on general product defect recall, recall the way, recall procedures, regulatory authorities, and administrative penalties. This article the author in the process of writing, deeply appreciate the lack of Defective Product Recall System, more limited protection of consumer safety and social public interests, I hope Defective Product Recall System and deletion analysis proposed to improve the judicial interpretation of the relevant systems in China and the recommendations of the executive and the legislature, in order to further refine and improve our defective product recall system.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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