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召回是生产者对存在缺陷的产品采取措施消除缺陷或降低、消除安全风险的活动。召回的产品,其缺陷可能是不符合国家标准、行业标准中保障人身、财产安全要求或存在不合理危险,从而也可能属于《产品质量法》中所规制的不合格产品,进而企业的生产销售行为可纳入执法查处范畴。本文试分析缺陷产品召回与执法查处之间的内在联系和区分,提出研究制订缺陷产品召回与执法查处关联规则的建议。
Recall is the producer of defective products to take measures to eliminate defects or reduce, eliminate security risks activities. The recall of the product, the defect may not meet the national standards, industry standards to protect the personal and property safety requirements or the existence of unreasonable danger, which may also belong to the “Product Quality Law” in the regulation of substandard products, and then the production and marketing enterprises Conduct can be included in the law enforcement investigation. This paper tries to analyze the internal relations and differences between the recall of defective products and the investigation of law enforcement, and puts forward the suggestion of researching and formulating the rules of recall and enforcement of defective products.