入世后我国缺陷汽车召回管理制度问题初探

Analysis on the Issues of Defect-Car-Recall Management System in China

指出在美国、日本及欧洲各国,汽车召回制度是一项非常普遍的法律制度。而作为全球增长最快,也是发展空间最大的中国汽车市场,缺陷汽车召回管理却一直处于空白。因此,对于车辆本身造成的事故,许多国外汽车厂家常以"中国无相关法律"来实行内外有别的召回制度。特别强调中国加入世贸组织后,应与国际惯例接轨,尽快建立和实施适合中国国情的缺陷汽车召回管理制度。通过比较分析国外汽车召回管理实践与我国汽车召回管理现状,提出了我国建立并实施汽车召回管理制度应注意的几个问题。

The thesis points out that in the United States, Japan and European countries,the recall management of defect cars is a very widespread law system. While in Chinese car market, the biggest and the most quickly increasing market, the recall management system of defect cars,however, have been placed in the blank till now. So for the vehicle defects, many foreign car merchants often practice the recall management system which is different from that in their own countries because 'There is no related law in China'. It is emphasized specially that after entering WTO, the Chinese recall management system of defect cars should conform to the international customary practices, and we should establish and put into practice the recall management system of defect cars which is suitable to China as soon as possible. Through comparing and analyzing the practice of foreign recall management and the present situation in our country,the author clarifies a few problems that should be noticed when we establish and put into practice the recall management system of defect cars.