Improving On Law System Of Food Forced Recall In China

Food safety has always been a very hot issue,it concerned about the whole society .To truly protect the safety of food, protect the consumer's health and safety, February 28, 2009, the Eleventh the seventh meeting of the NPC Standing Committee examined and adopted the "The People's Republic of China Food Safety Law" ( hereinafter referred to as "Food Safety Law"). "Food Safety Law"specifically provides for relevant content of mandatory recall system, this is a big step forward to legislation. Since then, the implementation of food forced recall has a legal basis.Mandatory recall of food is in the condition that production and management measures are not initiating the recall, then the competent authorities to order the recall that do not meet national safety standards of food. It relies on coercive power to ensure the smooth implementation of the national system. The aim is to safeguard the legitimate interests of consumers and maintain sound and rapid economic development, maintain social stability of the market economy. From the recall is brought to a complete implementation of food forced recall is a complex process, it often have a range of issues, such as the standard of recall, recall of food processing, recall, etc., these problem's reasonably solution is the key to smooth protect the mandatory recall of food. Firstly, it was outlined mandatory recall of food on the status of the legal system, and briefly reviewed the legislative process of food recall, brief analyzed the specific terms of it; Then, it analyzed the exist defects in legal system of mandatory recall of food deeply; Finally, it made my own thinking on how to improve the legal system mandatory recall of food. These including legislation and law enforcement. First, we should improve the legislation, including specific mandatory recall obligations of the main subjects and clear responsibilities of mandatory recall; Second, we should improve enforcement, including the strengthening of the credit system of production and business, enhance the administrative efficiency of the Department's monitor ,standardize the mandatory recall of food institute procedures, regulate the implementation of mandatory recall of food program, set up a strict inspection system, improve the food safety information system, implement of mandatory recall of food safety mechanism, and introduce of a fair and reasonable compensation mechanism.