关于完善中国缺陷产品召回制度的若干问题

Some issues on perfecting the system for recalling defective products in China

Defective product recalling system is a new regime in modern civil law, characterized by its special functions to prevent and eliminate the harms concerning consumers’ body and property due to potential defects of products. In legal nature, it is necessary to define “recalling defective products” as the obligation rather than the liability of manufacturers or sellers, so as to encourage both manufacturers and sellers to take effective remedies immediately upon defective products. Product recalling is of two categories, i.e., active recalling and compulsory recalling, and the breach of such recalling obligation will lead to a series of legal liabilities. Considering the importance of the recalling system and the economic development of China, it is strongly proposed that China shall formulate the Law of Defective Product Recalling. Wang Liming, Ph.D of Law, is currently a vice president of Renmin University of China and dean of the Law School. Prof. WANG is also a member of the Law Committee of 10th and 11th National People’s Congress, vice president of China Law Society. Prof. WANG is a leading expert in the drafting and formulating important civil laws in China, such as the Law of Real Rights of PRC. His main research area is civil and commercial law. Quite a number of his monographs won national academic achievements award, including but not limited to Study on Civil Law Regime (Renmin University of China Press, 2008), Study on General Principles of Civil Law (Renmin University of China Press, 2003), Draft of Law of Real Rights and its Interpretation (China Legality Press, 2001), etc. He also has 100 or so articles published in law journals home and abroad.