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产品召回的前提是产品存在系统性缺陷而不管该缺陷是否已经造成损害。产品召回风险是一种或有的法定义务风险,即在一定条件下才存在的法定义务。召回费用是厂商履行召回义务的费用,而非民事损害赔款。因此,产品召回不是厂商对私法责任的承担而是对公法义务的履行。产品召回保险是一种义务保险而非责任保险,其标的应为整批产品虽存在系统性缺陷但尚未造成损害的产品的召回义务,整批产品存在系统性缺陷且已有部分产品造成损害的产品的召回义务应为其除外责任。
The premise of product recall is the existence of systematic defects in the product regardless of whether the defect has caused damage. Product recall risk is a kind of or the risk of statutory obligations, that is, under certain conditions, the existence of legal obligations. Recall costs is the cost of the manufacturer to fulfill the obligation to recall, rather than civil damages. Therefore, the product recall is not the manufacturer's responsibility for private law but the fulfillment of public law obligations. Product recall insurance is an obligation insurance rather than liability insurance, the standard should be the entire batch of products, although there is a systematic defect but not yet caused damage to the product recall obligations, the whole batch of products are systematically defective and some products have caused damage Product recall obligations should be its exclusion.