产品召回制度比较研究

Comparative Studies of the Product Recalls System

我国产品召回制度建立比较晚。与英美法系和大陆法系一些发达国家、地区相比,我国产品召回制度很不完善,主要存在下列问题:现有产品召回法律位阶过低,缺乏权威性;执法主体体系不健全;缺乏权威、公正、中立的检测机构;产品召回的对象范围比较狭窄。可通过下列措施完善我国产品召回制度:制定、完善相关法律;明确政府各职能部门的分工,严格执行监督职能;设立公正的检测机构,统一认定标准;扩大产品召回对象的范围。

The foundation of product recalls system of our country is quite late. Compared with the UK - US legal system and some developed countries and area from mainland legal system, product recall system of our country is very imperfect, mainly with the following problems ： The legal position step of the existing product recalls is excessively low, lacks the authority; The law enforcement body system is not perfect; Lacks authoritative, fair, and neu- tral examination organization; The recalled object scope is quite narrow. The product recall system of our country may be consummated through the following measures： to formulate and consummate the related law; to make clear the government departments＇s various Functional division, and fulfil exactly the surveillance function; to set up the fair examination organization, and unify the recognizing standard; to expand the object scope of the product recalls.