论文部分内容阅读
缺陷产品召回,是指产品的生产商、进口商或者销售商对于其生产、进口或者销售的产品存在缺陷,可能或者已经危害消费者的人身、财产安全时,依法向政府职能部门报告并及时通知消费者,在职能部门的监督下,设法从市场或消费者手中收回存在缺陷的产品,并对缺陷产品进行免费维修、更换的制度。这一制度最早确立于美国1966年的《国家交通与机动车辆法》,其后美国在运输、公共健康与福利、食品与药品、商业与贸易以及农业等多部法律中都有规定。目前,英美法系和大陆法系的许多国家如澳大利亚、英国、加拿大、法国、日本以及欧盟各国也先后在相关法律中确立了缺陷产品召回制度.要求制造者在知晓其产品存在缺陷后采取措施进行召回,并由相关政府机构进行监督管理。目前,我国产品责任的法律制度还相当不完善,政府监管和管理尚不到位,亟需完善。
Defective product recall refers to the product manufacturers, importers or sellers for its production, import or sale of products that are flawed, may have or endanger the lives of consumers, property safety, according to the law to the government departments to report and promptly notify Consumers, under the supervision of functional departments, try to recover the defective products from the market or consumers and make free repair and replacement of the defective products. The system was first established in the United States in 1966, “National Transportation and Motor Vehicles Act”, followed by the United States in the transportation, public health and welfare, food and drug, commerce and trade and agriculture and other laws are provisions. At present, many countries in the Anglo-American legal system and civil law system, such as Australia, the United Kingdom, Canada, France, Japan and the European Union, have successively set up a system of recall of defective products in relevant laws and require manufacturers to take measures after they know that their products are defective Be recalled and supervised by relevant government agencies. At present, the legal system of product liability in our country is still rather imperfect. The government regulation and management are still not in place and are in urgent need of improvement.