产品召回制度是现代民法中的一项新制度,具有预防和消除缺陷产品对公民人身和财产的危害的独特功能.从法律性质上讲,产品召回是生产者或者销售者的法律义务,而不是法律责任,这种界定可以有效发挥该制度的特殊作用.产品召回包括主动召回和强制召回两类,违反召回义务将承担多种法律责任.鉴于召回制度的重要作用和中国的经济发展状况,建议尽快制定<缺陷产品召回法>.%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.
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