Defective product recall system first appeared in the United States. At present, other countries that implement the recall system include Japan, South Korea, Canada, Britain and Australia.
Characteristics of American product recall system
1. The recall is "voluntary" in form, but actually mandatory.
2. Product recall is not based on the occurrence of damage accidents.
3. Once the product is recalled, all defective products in circulation are included in the recall scope.
4. Recall and take some remedial measures. At the same time, consumers are required to take the initiative to contact the seller or the local agency of the US Consumer Product Safety Commission in order to get a refund, fulfill the exchange procedures or carry out appropriate maintenance on the products.
Problems in China's Defective Product Recall System
(A) the basic legal provisions for the recall of defective products are relatively lacking.
The recall mainly depends on the supervision and spot check of the administrative department, the supervision of the media and the pressure of public opinion. The relevant regulations are too general, because of the lack of corresponding legal system, which can not reverse the overall situation of defective product governance confusion.
(2) The legal responsibility for the recall is unknown.
The punishment standard is too light, which makes operators willing to be punished without taking legal responsibility, and lacks the motivation to urge operators to recall products.
3. The level of legislation is low, lacking complete legal provisions.
In some countries where the recall system of defective products is mature, such as the United States, the recall system of defective products is often expressed in the form of national laws, which is highly authoritative and binding. However, China's existing defective product recall system has a low legislative level and lacks such a series of authoritative and stable laws and regulations. From the legislative point of view, the existing regulations on the management of defective product recall only belong to departmental regulations.
4. Lack of independent defect assessment agencies
At present, the embarrassment in the management of defective products in China comes not only from the blank of legislation, but also from the lack of independent, impartial and authoritative testing institutions, not to mention related testing technologies.
Measures to improve the recall system of defective products in China
(1) Improve existing relevant laws and regulations and accurately define the concept and scope of defective product recall.
(2) Refine legal responsibilities and increase penalties.
3) Improve the administrative function of the recall system.
In Europe, America and Japan, when dealing with a large number of public safety problems related to defective products, government administrative power has become an indispensable part. Judicial means, economic means and administrative means have a clear division of labor and a relatively complete system. These three ways cooperate with each other and complement each other, forming a relatively mature mechanism to solve the problem of defective products.
4. Improve the product information system
5. Improve the procedure of product recall and the method of confirming product recall.
(1) It is conducive to the establishment of enterprise credit mechanism and the full play of market potential, thus promoting the sustained, stable and rapid development of the entire national economy.
(2) It is conducive to safeguarding the international interests of China consumers and changing the "differences between China and foreign countries".
With China's accession to the WTO, various systems will gradually be in line with international standards, including, of course, the product recall legal system widely used in the world. Foreign products, on the other hand, implement the policy of "distinguishing between China and foreign countries" for China consumers. This recall is out of the scope, because China does not have the strict recall system of defective products like Japanese and American.
(three) is conducive to promoting enterprises to improve management, and strive to improve product quality, to protect the personal and property safety of consumers.
. All in all, in the long run, the recall of defective products has a bright future and a long way to go.