Product recall system in our country--论文代写范文

51Due论文代写平台essay代写范文:“Product recall system in our country”，这篇论文主要描述的是对于企业生产有瑕疵的产品召回方面的管理，我国有着产品召回法律制度，但是在近些人的具体实践当中产生了不少的问题，其中最为突出的就是汽车产业的产品召回问题，在处理的过程当中产生了车型相同，但价格上的存在着差异，这也暴漏出我国产品召回法律制度的不完善。

Product recall law system is an important consumer protection system, is a kind of economic law institutions, has the nature of economic law. Legislation of product recall time late in our country, in the judicial practice in recent years appeared more problems, especially with the problem of the car is also more obvious, such as mitsubishi pajero car, Toyota events, when dealing with these problems appeared such as the phenomenon of "car" with different price, highlights some deficiency in the legislation of product recall system in China. In other areas such as tyre production areas, because of the product recall system some system design is meticulous, bring difficulty to strict judicial. The author combined with developed countries such as Britain and the United States, the legislative experience give their own opinions and Suggestions on above issues.

Since 2002 in the Shanghai consumer rights and interests protection ordinance in Shanghai since the first use of the product recall system, our country has been in the state council on strengthening food recall management regulations ", "children's toy recall regulations", "consumer rights and interests protects a law" and "product quality law" and other laws Yu Fagui specified in the product recall system, but so far, there is no special legislation of product recall in China. As a safeguard consumers' legal rights and interests, maintaining social order of important legal system, perfecting the legal system of product recall is important.

A, the nature of the product recall systemProduct recall system is the product manufacturers and distributors that defects in the production and sales of products, or may already harm consumers' personal and property safety, the initiative to report to the government authorities, inform consumers, take back the hand of the market and consumer products, repair, replacement and compensation, to eliminate the defects of the system. Product recalls are divided into active recall and recall instruction [1]. Its properties are:The recall of the defective product, it doesn't need the product has the actual damage, as long as the producers or sellers find its producing or selling products to save may endanger the safety of the personal property of others, they should be active to consumers and market, issued a circular to recall the products. The traditional civil rights relief way, main show is the relief relief of liability for breach of contract and tort liability. The two ways of relief, must have the actual damaging the premise, the victims in the relief, the damage often have reality, and product recall, not on the premise of the occurrence of damage, as long as the products are endanger personal safety and health of others unreasonable danger, producers and sellers have a duty to inform consumers recalls, and report to relevant authorities. Preventive is one of the important characteristics of the product recall system is one of the essential condition of the product recall.

(2) of the public welfare

Defective product recall system as a basic system of consumer protection, is the result of the early industry, to create the system refers to the beginning, to safeguard social and public interests as its own duty. America in the 1960 s, every year tens of thousands of people died in the traffic accident, millions of people were injured in the traffic accident, as the country on the car tyres, defects in the car to the personal safety and health of consumers and users is a huge threat. In early 1966, the legislature has issued the national traffic and motor vehicle safety ", which laid a foundation for the establishment of product recall system, since America's car industry begins to implement recall, and achieved very good results. Product recall system is beneficial to safeguard the legitimate rights and interests of consumers, to maintain the whole social economic order, and promote fair competition, to the enterprise to improve its business reputation and commodities reputation at the same time also play a major role. Product recall system has the characteristics of state intervention, therefore has hyperopia and the social public, so as to express the concept of social standard of economic law and the national characteristic of the appropriate intervention. Producers and sellers defect product recall, finally can protect the interests of the society is not a specific most people and maintain social overall safety [2].

(3) initiative

The recall of the defective product, rely mainly on self-directed recall, this is the norm of defect product recall. Only in the enterprise product defects seriously endanger personal and property safety of consumers are not voluntary recall, just by the competent authority shall be ordered to recall, this is improper measures of defect product recall. And the development of modern science and technology, make the product defects found increasingly difficult, if you want to competent authorities of the consumer and government from the outside to find the defect of enterprise products, may be difficult, the effect is not good, only the producer of the performance of their products, the quality is the most understanding, also found that the defects of products, and the most easily, therefore, mainly by the enterprise take the initiative to responsible for the defective product recall, has entity right rationality, also has the convenience of application.

(4) comprehensive

First of all, comprehensive product recall system refers to the comprehensive public law and private law. "From the recall system applicable legal relationship, the protected object, start the respects, such as the system of dual characteristic of both private law and public law" [3], the product recall system reflects the public law, private law trend, the national public power in order to maintain the category of social public interest and involvement in the private law relationship, the producer of the defective product not voluntarily recalling its production, the national product quality supervision and regulation department may order the enterprise to recall its products. Product recall system as a modern new legal system, its have the emerging legal generally have the trend of private law, public law, private law. Its comprehensive performance is:

1. It refers to all kinds of legal adjustment such as civil, criminal, administrative and other legal means of synthesis. The intervention of public power and the legal responsibility in the product recall form diversification, producers are defective products in addition to the administrative responsibility, also undertake the actual damage caused by the defect product to the consumer of the liability to pay compensation, at the same time, producers and sellers, staff members of state organs, undertake the work of inspection personnel in violation of relevant provisions, and may produce a criminal responsibility.

2 it is the combination of substantive standard and procedural norms. Product recall system has both substantive norms, and procedural standards, combining the two, interdependence. Substantive norms mainly have the cognizance of defect product recall legal relationship, the main body of the rights and obligations between the relationship, is voluntarily recalling and ordered to recall as well as the relevant provisions of the legal responsibility. At the same time, the product recall law system also has a large number of start, steps of defect product recall, procedures such as procedural norms. Combined closely with the procedure and entity, interdependent [4].

Two, the analysis of the status quo of product recall

(a) the product quality problems related events that took place in recent years were reviewed

By sanlu milk powder, 2008 involved a series of tainted milk powder incident, after the relevant departments to intensify efforts to check, Erie, mengniu and other large dairy companies involved, one after another food safety problem is pushed to the forefront, as well as product torts and product recall concerns raised to a new level. Since then, clenbuterol event, kumho tires, elevator events continue to come into the public eye, serious influence on consumers' purchase information, and puts forward new requirements of relevant law perfect. As early as in 2002, the problem of product recall system in China was exposed, that year, Japan's Toyota motor will recall of 2 million product defects, but only recall of Toyota in zhejiang province in China, and others will not be recalled, the reason is that China's product recall specification too generalization, and zhejiang province, local rules and regulations must recall defective products, make consumers can from some kind of discrimination, zhejiang this matter for product recall system in our country is a wake-up call.

(2) the product recall system problems and deficiencies of our country

Defect product recall system refers to the products of the manufacturers, distributors, choose change, compensation and other positive and effective remedial measures to eliminate the product defects may cause personal injury, property damage process. Product recall system applied to different products and various fields. Of our country has implemented the "automobile product recall management regulations", there is no definite legislation in other areas. Lagging legislation and law enforcement is lax, leading to many managers ignore the product quality issues and product recalls.

1. Automotive recall: we found that with the vigorous development of the automobile industry in our country, auto makers, especially the implementation of the large auto makers seem to be more frequent recall, people often to see in the TV network Benz, BMW, ferrari, land rover and other high-end car producers of all kinds of recall notice, owners also received operator's recall notice. Whereas ordinary household type car seldom receive relevant recall notices. Is a high-end cars will produce more quality problem need to recall, better quality and ordinary cars do not need to recall? Apparently not. High-end car: (1) the manufacturers in order to occupy more market share, take various methods to improve their own status and prestige. Including with the method of recall, the hope to pass back to establish a corporate image, responsible for the customer and when this way of frequent use, makes the product recall will detract from the value goal of the system itself; No longer is the consumer protection system, and to some enterprises of tools.

It is well known that the consumer is to assist the operator in the process of recall, requires a certain amount of time and money, which often recall will inevitably damaged the interests of consumers, with the intention of recall system establishment, and the spirit of the consumer rights and interests protection law. For the operator, this method of marketing, will inevitably lead to consumer distrust, corporate image and status. Today, the frequent recalls, has produced a series of adverse consequences, such as in front of the recall notice operators, consumers appear indifferent, when real product defects, may be because didn't get timely repair cause consumers' personal property interests suffer loss. (2) the ordinary cars: unlike the status quo of high-end car recall frequently, ordinary cars are rarely recall notice, is China's domestic ordinary car recall, during the period of 2004 to 2008 in China, no case of independent brand auto recall cases, it is enough to show a regular car manufacturers in the recall of serious omission.

2. Other areas: the imperfect legislation of product recall is tangible, many areas appear even the legislation present situation of vacuum, the level and the development of market economy in our country at present is not consistent. Only in "consumer rights and interests protects a law", "product quality standard" involved in the problem of product recall, and other provisions referring to "defective automobile product recall management regulations", "on strengthening food and product safety supervision and management of special provisions, the measures for the administration of the drug recall this several laws and regulations. Not covered a lot of fields, such as "kumho tire incident" in 2011. Nowadays, our country for recall regulations only "defective automobile product recall management regulations", "defective automobile product recall management regulations" stipulated in article 5: automotive products referred to in this law refers to, in accordance with relevant provisions of the national standard, used for carrying passengers, cargo, by driving or traction vehicles.

So its only for the vehicle itself, not including tires and other important components. Due to the lack of legislation, under the crisis public relations of kumho tire, the wave recalls soon disappeared from public view, inappropriate behaviour did not receive the punishment of the corresponding, innocent consumer legitimate interests once again has been violated. Again, such as, the sibutramine events that took place in 2010, "consumer rights and interests protects a law" only "use goods or accept service consumer is being bought by personal property damage, enjoy the right to receive compensation in accordance with the law." Did not specify a specific amount of the claim, there is no clear direction. Combined with the related management department not and not for a variety of reasons, and make the consumers' rights and interests protects a law "" product quality law" and other laws and regulations to protect consumers' rights and interests legislation's original intention is the water in the flowers.

3. The shortage of the product recall system in China: (1) the legislation a vacuum; Because can't can depend on, many products in case of quality problem, customer complaints no way claims to. Even serious quality problems, has attracted the attention of a great social attention and relevant departments, also because of no specific provisions, lead to consumer cannot receive adequate compensation. (2) the recall plan censorship is lax: when the operator is submitted to the government in recall, censorship, the vast majority of product recall plan approval, leads to the unnecessary waste of social resources. And consumers because of fears for their safety and health and other factors, have to cooperate with manufacturers of advertising, to do this and actually harm the interests of themselves. (3) the penalties. Frequent quality problems in our country in recent years, careful observation will find these problems as early as a few years have been exposed, for various reasons, all escaped punishment, eventually brought a huge loss for the society. Such as sanlu milk powder in fuyang bulk quality problems have been found in milk powder incident, kumho tire appeared two years ago "bulge" event, and these problems can not get effective treatment, or no treatment. Relevant departments urgently needs to improve law enforcement power.

Third, foreign legislation relating to the product recall experience is introduced

(a) the U.S.

The United States is the world's first country to set up a product recall system, in terms of product recalls has more advanced technology and experience of the legislation.

Main content includes: 1. The product recall van is widespread, including cars, baby products, food, medicine, biological agents, car, pesticides, and other products more than 1500 kinds of products such as [5]. 2. Has a comprehensive supervision mechanism. In the United States a number of law are the mandatory recall and voluntary recall of the product. The law gives supervision departments of product recall situation. Such as children's milk powder, producers have to report to the relevant department in charge of implementing every 14 days, and the head of the department must be checked every 15 days a manufacturer recalls. And mandatory recall, manufacturers must strictly abide by the relevant departments of the administrative order, or will be severely punished. The report in the American on the recall has strict rules on the time limit, increase the practicality of the law, to facilitate law enforcement law enforcement.

3. The amount is higher. Product defects will bring to users and consumers' personal and property safety hidden trouble, due to the defect products are batch production, will be an enormous threat to the market and society, this leads to increased fines limit become necessary. The United States in violation of the stipulations of the recall of producers and sellers can be fined $150000 a day, so greatly increases the product in violation of the costs of producers and consumers.

(2) of the Japanese

Japanese car recall, for example, the recall of detection by the specialized agencies - the traffic safety environment institute completed, recall testing main body law, clear division of government departments, the damage to make consumers can clear the lodge an application to one sector. Second, Japan's law: the police if it is found that traffic accidents may be caused by a defective product has a series of measures to guarantee the rights of users, the perpetrators and product manufacturers distributors responsibility clear [6].

conclusion

Product recall, as a means of product defects after make up, to maintain the legitimate interests of the consumers and the user has an irreplaceable role, to make the system must implement from legislation, law enforcement and judicial to improve the existing situation. Is more meticulous perfect legislation, legal: the law enforcers have a clear division of responsibilities, not mutual shuffle. Justice, and back to get people to accept. Recall system as one of the economic law system, based on principles of social standard, the national appropriate intervention, in the premise of ensure that vendors do not escape the responsibility of the recall, the relevant departments to carefully review, avoid some vendors frequently implement recall to achieve the purpose of itself is not justified, protect consumers, avoid the waste of social resources.

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