论消费者保护视角下缺陷产品召回制度的完善

为确保企业履行产品安全保障义务,美国创设了缺陷产品召回制度,以促使企业承担社会责任、维护消费者利益与公共安全.美国的缺陷产品召回立法完善,召回主体和范围明确,在保护消费者人身和财产安全方面发挥着积极的作用.我国新修改的《消费者权益保护法》从保护消费者权益的角度,明确了产品召回与消费者权益保护的关系,但我国的产品召回机制,从立法到实施都具有相当的局限性,影响其功能的正常发挥.为保护消费者的利益,有必要检讨我国缺陷产品召回之规定.作为对现实的回应,应统一产品召回立法,明确产品召回主体的范围,扩大产品召回对象的范围,并在产品召回程序中完善消费者的参与,进而实现保护消费者权益、维护社会公共安全和稳定经济秩序之目的.

On the Improvement of the System of Defective Product Recall under the Perspective of Consumer Protection

In order to ensure the enterprise perform the obligation of product safety, the United States had created the recall system of defective products to promote the enterprise bear the social responsibility and protect consumer interests and public safety. The law of defect product recall is perfect in the United States. The subject and the scope of recall are clear. The recall system plays a positive role in the protection of the safety of consumers＇ personal and property. In order to protect consumer rights and interests, the relationship between product recall and protection of the rights and interests of consumers is clear in the new Law of the People＇s Republic of China on the Protection of Consumers＇ Rights and Interests, but the recall system of product in China, from the legislation to implement have considerable limitations. To protect the interests of consumers, it is necessary to review the provisions of defect product recall in China. In response to the reality, it should be unified legislation of product recall in China, the range of subject of product recall should be determined and the scope of object of product recall should be expanded. Consumers can participate in product recall procedures in order to protect the rights and interests of consumers, maintain the public safety, social stability and economic order.