recall

　　　　 China’s current consumer rights protection system is mainly the People’s Republic of China (PRC) Product Quality Law, the Consumer Rights Protection Law, the civil compensation system in the civil law and the product "three guarantees" system implemented by administrative means in 1988.

Although the above-mentioned laws and regulations in China provide consumers with weapons to protect their rights, the contents related to the recall of defective products are general, too general and lack of operability. For example, Article 26 of People’s Republic of China (PRC) Product Quality Law clearly stipulates: "Producers should be responsible for the quality of their products." Article 18 of the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests clearly stipulates: "If an operator finds that the goods or services provided by him are seriously defective, even if the goods or services are used correctly, it may still cause harm to personal and property safety, he shall immediately report to the relevant administrative department and inform the consumers, and take measures to prevent the harm."

Although these laws and regulations in China are the same as the product recall system to protect consumers’ personal and property interests, there are obvious differences between them. According to China’s current laws and regulations, a product will only be treated after it has caused harm. At present, the domestic treatment of defective products, such as quality problems or unqualified products, mainly adopts that the damaged consumers claim compensation from the sellers or manufacturers through judicial procedures on the grounds of breach of contract or infringement. For defective products in mass production, a large number of consumers’ personal and property are damaged.How the administrative organs manage and punish, and promote enterprises to improve and make up for product defects is still weak. After the implementation of the defective product recall system, as long as a batch of products are found to have quality problems and may cause harm to consumers, enterprises are obliged to recall or destroy the products. Obviously, the product recall system has the function of "nip in the bud", which has obvious advantages compared with the passive protection of the Consumer Protection Law.