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Legal Research on Chinese Product Recall System

Author: LvYongHong
Tutor: JiaYuPing
School: Hebei University of Economics
Course: Legal
Keywords: Consumer safety Defective products Product Recall
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 114
Quote: 0
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Abstract


Product recall system was originally established in the automotive industry in the United States. American food, medicine and other industries involving public safety have also achieved remarkable results with the product recall system in the automotive industry, to establish a product recall system. In the United States to establish the impact of the product recall system, many of the world's developed countries have also established a comprehensive product recall system. China's current product recall system did not form a unified legislation. With the increasing globalization of international economic development, legislative differences is not conducive to the immediate recall of defective products and could be detrimental to the legitimate rights and interests of consumers in China, which will undoubtedly make our country at a disadvantage in international competition. Therefore, China should establish a unified product recall of the legal system. Based on our product recall system for research centers, through the legislative status of our product recall system elaborated and foreign product recall system legislative experience of analysis and related product recall system theory, from a legal point of view, The legal concept of how to build the product recall system in China and put forward at this stage, contribute hope of Product Recall legislation on this issue. The structure of the article, it is divided into four parts. The basic concepts involved in the first part discusses the product recall system. Preliminary understanding and explore the origin of the recall, recall the definition and classification of the product recall, product recall feature, and it and related systems comparison and analysis on the basic concept of the product recall system the system roughly introduction. The second part of a comparative analysis of conducting research in developed countries mature recall system, are discussed from the point of view of the substantive law and procedural law perspective, the main problem in the developed countries of the recall system. The third part is the analysis of the current situation and problems of the product recall system. First expounded the laws of our product recall and recall the case, and then analyze the problems. Chapter IV of the defective product recall system to build and perfect to make specific comments and suggestions, put forward a series of specific measures to build the legislative vision of the product recall system, to recall the object, the main responsibility for the Principles of Responsibility and competent bodies. Concluded that quality assurance is the fundamental way to solve the product recall. In this paper, a case analysis, and comparative analysis of the combined analysis of law, entities and procedures, and provide support for theoretical analysis. This paper has important practical significance not only made the defective product recall system should be established in our country, and from the point of view of the legal system of the defective products in China, the unique features due to the fact that prevention and harm reduction Defective Product Recall System and economic law nature, it can with the relief of the product liability system, to make up for punishment and education combine to form a complete legal system of Defective Product Recall System and Product Liability System for consumers' personal, property security and social interests of public safety, to provide a comprehensive, multi-level system of legal protection.

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