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缺陷产品召回制度作为政府管理产品质量的一种有效手段,在发达国家已非常完善,而中国在此方面的立法才刚刚起步,还很不完善。这种立法差异直接导致企业轻视召回缺陷产品和政府在缺陷产品监管上的无力,使消费者正当权益受到损害。因此,完善中国的产品召回制度已是当务之急。本文介绍了目前我国实行产品召回制度的现状,在结合中国国情并借鉴发达国家的实践经验的基础上,提出了完善中国产品召回制度的法律构想。
The defective product recall system, as an effective measure for the government to manage the product quality, has been very well developed in developed countries. However, China’s legislation in this area has just started and is still not perfect. This kind of legislative difference directly causes the enterprise to underestimate the defective products and the weakness of the government in the regulation of defective products, so that the legitimate rights and interests of consumers are harmed. Therefore, improving China’s product recall system is a top priority. This paper introduces the present situation of implementing the product recall system in our country, and puts forward the legal conception of perfecting the product recall system in China based on China’s national conditions and drawing lessons from the practical experience of developed countries.