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Guo Jun, Team Leader of the China Automobile Recall System, Professor of Law School of Renmin University of China, and Doctor of Law. In China's "Regulations on the Recall of Defective Automotive Products" (hereinafter referred to as the "car recall system"), which will be issued on October 1 this year, the magazine will exclusively interview the focus person. From the birth to the birth of the car recall system, all kinds of ups and downs, as well as some little-known insider, will be told by this person. More than 10 years ago, Guo Hao encountered a strange old man selling rice in a market at the junction of Jiangsu and Anhui. He placed a bag of rice in front of him and placed a bag of sand next to him. The customer buys a pound of rice. He only calls it 9 and a half and takes 5 more money. Guo Yan was attracted by this old man's weird practice and asked: "Why don't the customer buy 1 kilogram of rice for less than half?" The old man said: "Didn't I still get in half sand?" Guo Yan said: "Customer Buy rice, not buy sand, and other people selling rice do not like you do!" The old man said: "You go and see if their Mi Li is mixed with sand?" In April 2004, Guo Yan was He was interviewed by reporters in his humble office at the Law School of Renmin University of China. “The old man later told me that their sand was mixed with rice.†Miri's sand mixing in the local market has been openly over the years, this unconscionable practice is obviously contrary to the rules of market integrity trading. Later, what happened in our lives was even more vicious: poisoned rice, poisonous ham, and hair sauce... All of these have destroyed the normal market-operating concept that people should have. In contrast, the old man is respectable. He tries to fight in his own way with the distorted market, and proves to the acquiesced consumer, the unscrupulous seller and the society. The image of the old man was deeply imprinted in Guo Yan's heart. When interviewed by reporters, he first described the story. Scholar Guo Yan was calm and calm, and his memories revealed wisdom from time to time. When answering a reporter's question “Why do product defect research,†he said: “Society has this demand, it is beneficial to the people, and it can really become a topic, why not?†Guo Zhao, Renmin University of China School of Law Professor, a civil and commercial law professional, a doctor of law who teaches in the ivory tower, how to focus on defective products? How did he become the leader of the China Auto Recall System? “I’m not a car factory worker, nor a driver. I don’t like the people who work directly at the grassroots level in the automotive industry to make a living. Because I’ve always worked and lived in school, I don’t need to constantly face the threat of cars, even if a certain car model is not safe, nor It may bring disaster to me anytime and anywhere.The recall of the car is not very close to my personal interests.However, the car recall is good for the people. It is very meaningful from both academic research and public demand. "Things." When the subject was first reviewed, there were two units. One was the People's University Law School and the other was the China Standards Research Center. The members of the research team are mainly composed of people from the National People's University of Law School. Guo Yan was appointed as the head of the research team. Yin Xufeng of the China Standards Research Center is an important member of the research group. Later, during the work process, the task force also recruited personnel from other organizations, such as the China Machinery Federation and the Ministry of Public Security's vehicle inspection center. The final group of members reached 15 people. “This topic is definitely not from the book, but it is our conversation.†The recall of motor vehicles was first reflected in the work of the AQSIQ. The occurrence of the “Mitsubishi Incident†is undoubtedly a fuse. . How to solve the car design flaws? At that time, the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) did not provide corresponding regulations. Although it can be handled according to the principle of quality law, there is no concrete solution to the problem. “The topic we reported before and after the Spring Festival in 2000 was established as a project of the Ministry of Science and Technology. One day, I chatted with a friend of the Quarantine Division of the General Administration of Quality Supervision, Inspection and Quarantine, and he said that the Quality Department of the General Administration of Quality Supervision, Inspection and Quarantine had a demand for this. If the cooperation between the two companies can be described as a matter of fact, in fact, the introduction of the recall system is the result of many factors coming together, and the Quality Department must communicate with the Department of Law and Regulations when it encounters problems in policies and regulations, as the government department responsible for the quality of the country, the AQSIQ There was such a demand, and we were interested in it at that time, so we were in touch.†In the period of March-March 2001, the General Administration of Quality Supervision, Inspection and Quarantine held a meeting with the research group and hoped that the topic group could The work of the AQSIQ is more closely coordinated, and finally a product comes out (which is now the vehicle recall system). The AQSIQ will provide as much convenience as possible for the task force's research. The vehicle recall system will be drafted by the task force and will be accepted by the AQSIQ during the drafting process. Guo Ting told the reporter: "In actuality, we did not take the initiative to do it. Instead, we were affected by the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ). There are a lot of specific assumptions demanded by the General Administration of the People's Republic of China." When Guo Zhen started to make product defect recalls, it was not limited to cars. The recall of cars was only part of the selection. The recall has a lot of contents on the macro level, and it cuts in vertically. It starts with the automobile industry because the automobile is currently the mainstay industry in the country and it is sensitive and urgent. Guo Yan did a general research on defective products while focusing on car recalls. Prior to this, Guo Tao did not have much contact with the automotive industry. “The topic of contact is more from a rational perspective.†The civil and commercial law focuses more on the issue of rights and interests in commercial activities between equal entities. Consumers are in the contract. Can the rights in China be protected? So, when we started to study the recall of cars, Guo Yu was more concerned with starting from product quality and foreign product liability laws because these all involved issues such as compensation. However, during the course of the research, he discovered that the recall, although actually related to the product liability he originally envisaged, was not exactly the same. In May 2001, the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (AQSIQ) led by the Quality Department held a meeting in Nanjing and formally announced that it began to study the issue of car recalls. At that time, a lot of car manufacturers were invited to discuss together and asked them to talk about their opinions. Many directors of the General Administration of Quality Supervision, Inspection and Quarantine also attended the meeting. "But when it comes to the recall of cars, many problems cannot be concreted. The feasibility is very difficult. I started with it as a product responsibility. I talked for more than one hour, and more from the perspective of civil and commercial law. It is not from the perspective of administrative law, or rather more about product liability rather than recall. Now looking back at this statement, there are many opinions that are actually empty perspectives that I do not understand.†Guo Yan said: “At the beginning, we considered more issues concerning consumers and public safety. As we deepened the subject, we discovered that it has a great deal to do with the government. When it comes to public safety, the government should manage it and it should manage it. If the government fails to take appropriate measures, it will be a misconduct.†The commander’s commander “leafhole†In June 2001, Guo Zhen went abroad to work and live in the European Union for several months. Network technology and intellectual property protection issues. Since the product defect project was reported to the Ministry of Science and Technology at the end of 2000, they were sure to do a recall. Therefore, he also made many preparations for this in the EU. “For example, the recall of automobile tires has been very strong in foreign countries. In 2001, all foreign websites were able to see this content. There were even lawyers who introduced claims there, and the impact was quite large worldwide. There is no relevant regulation in China.†Guo Hao has visited Germany and France’s auto recalls, conducted face-to-face exchanges with manufacturers, and brought the collected materials back to the country for research. Only the theory was far from enough. Guo Zhen began to dig deeper into reality. He successively conducted field investigations at some repair plants of SAIC and the Ministry of Communications, and visited several joint ventures such as General Motors, Volkswagen, and Beijing Volkswagen Investment (including Shenlong) for opinions. . Some manufacturers began to disagree, but the introduction of the car recall system is the general trend. They finally talked about their opinions. Guo Yan also actively communicated with the front-line personnel of the car, and recorded everything he saw and heard in mind. “In those days, I felt that I was one of them!†In October 2001, relevant leaders of the General Administration of Quality Supervision, Inspection and Quarantine organized an international seminar at the Great Wall Hotel in Beijing. Participants included domestic auto manufacturers and some Foreign companies, such as Mercedes-Benz and DaimlerChrysler, talked about the idea of ​​a recall. The lawyers of foreign law firms also introduced the specific procedures recalled in the West. As the head of the research group, Guo Hao, put forward a preliminary plan for car recall for the first time at the meeting, basically confirming the framework of the recall. The entire recall process, including the now-proposed framework of voluntary recalls, passive recalls, and government interventions, was basically made public at the meeting. "This framework is only a contour, and it is almost the same as the framework of foreign countries. It should be said that we basically referenced Western Europe and the United States at the time, but only in a few places left a 'mouth', a few questions for the national conditions waiting for the next step However, the big outline has no difference with other countries.†After October 2001, the task force conducted detailed work in a step-by-step manner. During the Spring Festival in 2002, some basic rules about car recalls came out. The leaders of the AQSIQ have been paying close attention to the progress of the task force. After the drafts were issued, the General Bureau convened several manufacturers, consumer associations, repair companies, and distributors, including reporters at the Central Television Station, which was the representative of the consumers, several times. The meeting will all talk about the draft from all angles. Every time, all the members of the task force participated in the meeting and participated in some changes in the draft and constantly adjusted. For example, "The efficiency of joint ventures is relatively high, and the management system is relatively sound. At that time, we considered more that the current level of management of domestic enterprises is not too high, especially for those companies that are indigenous, taking into account the differences in national conditions and foreign countries. Some adjustments have been made in some details, such as fines and deadlines.†From the subject to the end of 2002, the recall of vehicles was published in the name of the government as a draft, widely soliciting public opinions. The task force was to study academic topics. These previous contributions were only opinions within the task force and did not represent the government. The published draft has been more or less official, at least indicating that the government has such an intention. Guo Yan, who is the head of the research group, is calm. He said, “The last few changes are no longer academic research issues. Although the published draft is actually the original manuscript of the research group, its significance is not the same. We will do our utmost to make every effort and hard work to get everyone to comment on it. Criticism is worth mentioning, praise is worth mentioning, as long as it is ultimately beneficial to the society and beneficial to the people, we will accept and express our sincere thanks.†Now, the car recall system has been promulgated. And will be implemented soon. The mission of the task force was disbanded, but because of the inextricable connection with the recall of the car, Guo Wei continued to interview him after the recall system. In this regard, Guo Xiao said: "As long as it is good for promoting the development of China's auto industry, it is good for the vast number of consumers. I come out and do some questions and FAQs can be regarded as a kind of universal promotion. I can do my part to make every effort. "The words show the meditation, perseverance and seriousness of a scholar. On April 17th, 2004, Guo Yan was going to England. Before leaving the country, he had a phone call with reporters. He again mentioned the old man who sold rice. The old man knows that it shouldn’t be grinded on rice, and our auto makers should not hide product defects, but should actively respond to the recall system. He said: "In the West, few people will think of counterfeit drugs, poisonous vegetables, and poisonous hams, and our current counterfeiting system has reached an appalling level. In these years we have adopted the normal ethical standards that people should follow. It broke, and even some people broke through the basic line of the basic moral code that should have been observed. It would take less than two decades to destroy the good traditions in less than a few years, and to instill good traditions in people’s minds. ... The introduction of the automobile recall system is a manifestation of the further improvement of our country's legal construction. What we need to do is far more than this recall regulation." Source: "China's Quality Miles" Tang Zhe
May 24, 2024