In accordance with the national standard, cars that are still unsafe must be recalled. The Legal Affairs Office of the State Council yesterday asked for opinions on the "Regulations on the Recall of Defective Automobile Products" and intends to include the automobiles and automobile trailers (hereinafter collectively referred to as automotive products) that are produced and sold in China into the recall management.
Knowing defects should be immediately suspended from sale. The draft release clearly states that due to design, manufacturing, marking, etc., unreasonable risks that endanger the safety of people and property in a batch, model, or category of automotive products are It is a "defect." Including "does not meet the national standards, industry standards and requirements for the protection of human health and personal and property safety", "in line with national standards, industry standards and requirements, but still may jeopardize human health and personal and property safety" two situations.
The producer shall establish a record of the owner's information of the automobile products and their initial sales, and the period of preservation shall not be less than 10 years. For auto product quality information, producers must actively collect and ensure that the recall scope can be determined through identification and records. When it is known that there may be defects in the automotive products, investigations and analyses should be organized immediately. Once confirmed, production, sales, and import of related products will be stopped and recalls will be implemented.
The Opinions Requirement that producers should carry out recalls by means of amendments or supplemental markings, repairs, replacements, returns, and other measures, and bear the costs of eliminating defects and transporting the products. After a recall plan has been prepared and submitted to the quality inspection department for record, the producer shall notify the seller to stop selling the defective product until the defect is eliminated. At the same time, in order to publicly know the way to inform the owner of product defects, to avoid the emergency treatment of damage, etc., if necessary, tell the owner to stop using.
If the operator is notified of the defect, it shall report it to the quality inspection department and the producer, and immediately stop the sale, lease, and use. The quality inspection department shall immediately inform the producer of the investigation and analysis, and if necessary, carry out investigations on its own. Producers and operators who do not cooperate with defect investigations and refuse to make corrections will be fined not less than 500,000 yuan but not more than 1 million yuan.
Any unit individual may complain that, in accordance with the requirements of the draft, if the manufacturer should recall and fail to implement the recall, the quality inspection department shall order the recall. The quality inspection department may issue early warnings on other dangers of the product that endanger the safety of people and property. All units and individuals have the right to complain about possible defects in automotive products.
The producer did not report the investigation and analysis results truthfully; did not stop the production, sale or import of defective automotive products; did not issue recall information; did not notify the seller to stop selling defective automotive products; failed to implement the recall in accordance with the recall plan submitted for filing; Refused to recall; did not eliminate the existence of defects such as automotive products, quality inspection department will be at the amount of defective products, the amount of 2% to 10% of the following fine. If there is any illegal income, the illegal income shall be confiscated. If the circumstances are serious, the relevant permit shall be revoked.
Expert opinion governance does not publicly recall test supervision. “The draft of the “Management Regulations for Defective Automobile Products Recall†is indeed a major step forward in the management of the automotive industry.†Jia Xinguang, an expert in the automotive industry, believes that the legal constraints are flawed The system for recalling automotive products has increased from the original “department regulations†to “State Council regulations.†Its efforts to protect consumers and supervise automobile production and sales companies have been significantly strengthened. “This means that the responsibility of the supervisory departments is even greater.â€
At present, the form of automobile recalls in various countries is mainly divided into two categories: one is “voluntary certification and mandatory recall†represented by the United States; the other is “compulsory certification, voluntary recall†represented by Japan, which has The same way is used. However, the many recalls of Toyota Motor vehicles in 2009 and 2010 revealed the drawbacks of the "compulsory certification, voluntary recall" system.
"In the final analysis, the recall of defective products is mainly the autonomous behavior of the company, but it is totally dependent on the independence of the company. Therefore, the content of the mandatory recall was added to the draft." He said that in the past few recalls, many recalls were opinions. The company's self-initiated recalls under pressure. At present, most auto manufacturers have widespread resistance to recalls. If the number of recalls is too large or too frequent, it will give consumers the impression of "car quality problems" and thus influence the sales of cars in the future.
It is based on this background that "public recall" is adopted by more and more manufacturers. Here, the reasonable definition and supervision of the “public†scope by government departments will ultimately influence whether or not the company can “not publicly recall†the practice and maximize the protection of consumers’ legitimate rights, including the right to know.
Comments collection channels If the relevant units and people from all walks of life have any suggestions for modification, they may submit the following methods before March 4, 2012:
1. Log in to the Chinese government legal information network, and submit comments on the draft for comments through the “Opinion and Regulations Draft Solicitation System†on the left side of the homepage of the website.
Second, the letter sent to the opinions: Beijing 2067 letter box State Council Office of Legal Affairs (Zip Code: 100035), and please indicate on the envelope "defective automotive product recall management regulations request for comments" words.
Third, by email
Knowing defects should be immediately suspended from sale. The draft release clearly states that due to design, manufacturing, marking, etc., unreasonable risks that endanger the safety of people and property in a batch, model, or category of automotive products are It is a "defect." Including "does not meet the national standards, industry standards and requirements for the protection of human health and personal and property safety", "in line with national standards, industry standards and requirements, but still may jeopardize human health and personal and property safety" two situations.
The producer shall establish a record of the owner's information of the automobile products and their initial sales, and the period of preservation shall not be less than 10 years. For auto product quality information, producers must actively collect and ensure that the recall scope can be determined through identification and records. When it is known that there may be defects in the automotive products, investigations and analyses should be organized immediately. Once confirmed, production, sales, and import of related products will be stopped and recalls will be implemented.
The Opinions Requirement that producers should carry out recalls by means of amendments or supplemental markings, repairs, replacements, returns, and other measures, and bear the costs of eliminating defects and transporting the products. After a recall plan has been prepared and submitted to the quality inspection department for record, the producer shall notify the seller to stop selling the defective product until the defect is eliminated. At the same time, in order to publicly know the way to inform the owner of product defects, to avoid the emergency treatment of damage, etc., if necessary, tell the owner to stop using.
If the operator is notified of the defect, it shall report it to the quality inspection department and the producer, and immediately stop the sale, lease, and use. The quality inspection department shall immediately inform the producer of the investigation and analysis, and if necessary, carry out investigations on its own. Producers and operators who do not cooperate with defect investigations and refuse to make corrections will be fined not less than 500,000 yuan but not more than 1 million yuan.
Any unit individual may complain that, in accordance with the requirements of the draft, if the manufacturer should recall and fail to implement the recall, the quality inspection department shall order the recall. The quality inspection department may issue early warnings on other dangers of the product that endanger the safety of people and property. All units and individuals have the right to complain about possible defects in automotive products.
The producer did not report the investigation and analysis results truthfully; did not stop the production, sale or import of defective automotive products; did not issue recall information; did not notify the seller to stop selling defective automotive products; failed to implement the recall in accordance with the recall plan submitted for filing; Refused to recall; did not eliminate the existence of defects such as automotive products, quality inspection department will be at the amount of defective products, the amount of 2% to 10% of the following fine. If there is any illegal income, the illegal income shall be confiscated. If the circumstances are serious, the relevant permit shall be revoked.
Expert opinion governance does not publicly recall test supervision. “The draft of the “Management Regulations for Defective Automobile Products Recall†is indeed a major step forward in the management of the automotive industry.†Jia Xinguang, an expert in the automotive industry, believes that the legal constraints are flawed The system for recalling automotive products has increased from the original “department regulations†to “State Council regulations.†Its efforts to protect consumers and supervise automobile production and sales companies have been significantly strengthened. “This means that the responsibility of the supervisory departments is even greater.â€
At present, the form of automobile recalls in various countries is mainly divided into two categories: one is “voluntary certification and mandatory recall†represented by the United States; the other is “compulsory certification, voluntary recall†represented by Japan, which has The same way is used. However, the many recalls of Toyota Motor vehicles in 2009 and 2010 revealed the drawbacks of the "compulsory certification, voluntary recall" system.
"In the final analysis, the recall of defective products is mainly the autonomous behavior of the company, but it is totally dependent on the independence of the company. Therefore, the content of the mandatory recall was added to the draft." He said that in the past few recalls, many recalls were opinions. The company's self-initiated recalls under pressure. At present, most auto manufacturers have widespread resistance to recalls. If the number of recalls is too large or too frequent, it will give consumers the impression of "car quality problems" and thus influence the sales of cars in the future.
It is based on this background that "public recall" is adopted by more and more manufacturers. Here, the reasonable definition and supervision of the “public†scope by government departments will ultimately influence whether or not the company can “not publicly recall†the practice and maximize the protection of consumers’ legitimate rights, including the right to know.
Comments collection channels If the relevant units and people from all walks of life have any suggestions for modification, they may submit the following methods before March 4, 2012:
1. Log in to the Chinese government legal information network, and submit comments on the draft for comments through the “Opinion and Regulations Draft Solicitation System†on the left side of the homepage of the website.
Second, the letter sent to the opinions: Beijing 2067 letter box State Council Office of Legal Affairs (Zip Code: 100035), and please indicate on the envelope "defective automotive product recall management regulations request for comments" words.
Third, by email
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