美国、德国、澳大利亚产品召回立法及评价

Investigation and Analysis on the Current Situation of General Education Curriculum of Clinical Medicine in Jinzhou Medical University

随着市场经济的深入发展,因产品缺陷引发的消费者人身、财产损害以及由此导致的公共安全问题亦纷至沓来。如何防范产品系统性缺陷带来的负面影响,成为各国产品质量立法关注的焦点。该种背景之下,产品召回制度应运而生,并迅速在世界各国特别是发达国家普遍建立。作为消费者权益保护的重要法律制度,产品召回通过课以产品生产者或经营者对缺陷产品的召回义务,改变了传统模式中消费者依赖私权诉讼途径请求救济的通常做法,以期有效预防缺陷产品对社会利益的潜在损害。通过对美国、德国、澳大利亚的不同法域产品召回适用条件立法的对比分析与研究,以期抛砖引玉,从理论方面丰富我国产品召回立法的立法思路。

With the development of market economy, personal and property damage caused by defective products by consumers and public security problems caused also come in a throng. How to prevent the negative impact of product system defects, become the focus of national product quality legislation. Under this kind of background, the product recall system arises at the historic moment, and is rapidly in the world, especially the developed countries. As an important legal system for the protection of consumer rights, product recall by a manufacturer or operator of the defective product recall obligations, change the traditional mode of consumers usually rely on private litigation remedy, in order to prevent defective product potential damage to the interests of society. Through the different domains of products to the United States, Germany, Australia recalled a comparative analysis and Study on the applicable conditions of the legislation, in order to initiate legislative ideas to enrich our product recall legislation in theory.