我国产品召回制度体系化完善研究

Research on Systematic Improvement of Product Recall System in China

虽然我国已经形成了以《民法典》《消费者权益保护法》为基本法,涵盖行政法规《缺陷汽车产品召回管理条例》及部门规章《消费品召回管理暂行规定》等法律文件的产品召回制度,但在产品召回实施过程中发现我国召回制度还存在一些悬而未决的问题。本文意在梳理我国缺陷产品召回制度中的冲突与缺位,提出相应建议,拟推进产品召回制度体系不断完善。

Although China has established a product recall system with the Civil Code and the Consumer Protection Law as the basic laws,which include legal documents such as the Regulations on Defective Auto Product Recall Management and the Interim Provisions on the Administration of Recall of Consumer Goods,some issues that were identified in the implementation process of product recalls have not been solved yet.This paper analyzes the conflicts and shortcomings in China’s defective product recall system,and proposes corresponding suggestions to promote the continuous improvement of the product recall system.