我国缺陷产品召回制度研究

Research on the Defective Product Recall System in China

我国自从2004年建立缺陷产品召回制度以来,相继出台了一系列配套的法律文件,产品召回制度经历了从部门规章上升到法律法规,从特别产品普及至普通产品的发展进程,制度体系逐渐完善。尤其是针对汽车产品、消费品等召回管理办法的陆续出台,使产品召回的数量和次数大幅提升。但是在实践中仍暴露出许多问题,说明我国的产品召回制度还有许多不足,亟待进一步在法律上加以完善。为了能更好地保护我国消费者的人身和财产安全,本文以缺陷产品召回制度为研究对象,结合两则案例分析其不足,试图提出可行建议,以期进一步完善我国缺陷产品召回制度。

Since 2004 China has established defective product recall system, a series of supporting legal doc-uments have been issued successively. The product recall system has experienced the development process from departmental regulations to laws and regulations, from special products to ordinary products, and the system has been gradually improved, especially for automobile products, con-sumer goods and other recall management measures, so that the quantity and number of product recalls significantly increased. However, many problems are still exposed in practice, which indi-cates that there are still many deficiencies in the product recall system of our country, which need to be further improved in law. In order to better protect the personal and property safety of Chinese consumers, this paper attempts to take the defective product recall system as the research object. Based on the analysis of the theoretical basis and the current situation of the system in China, this paper points out the problems of the system in our country. Finally, suggestions are put forward to improve relevant laws and regulations, establish supporting systems, establish a sound defect in-formation collection and release system, clarify the division of labor of competent departments of product recall, improve consumers’ participation in defective product recall, and enhance the awareness of corporate responsibility.