Legal Research On Chinese Food Recall System

Food recall system is an important part of food safety supervision and management system, and recalling food in the timely and effective manner is to avoid further expansion of the damage to the consumers from the unsafe food, balance the interests between food enterprises and consumers, and safeguard the legitimate rights of consumers effectively. In recent years, with the accidents of a range of domestic and international food safety, food recall system has become the focus of attention in many governments and consumers. Food recall system originated in the United States and other developed countries, and has been gradually improved in practice for many years, but the food recall system in China has emerged relatively late, and the relevant laws and regulations of the food recall system is not mature enough. In August 2007, issued by AQSIQ marked the formal establishment of food recall system in China, and it is a landmark to the construction of China's food recall system, however, because it is just a departmental regulation and is inferior in validity, it is difficult to support the comprehensive food recall system. In February and July 2009, China promulgated and , and enacted the food recall system to rise to the status of the basic law for the first time, laid a legal foundation to establish and improve the food recall system of China, and provided a stronger legal basis to implementation the food recall effective. However, there are few regulations about food recall in both of them, and the regulations mostly provides for the principle and lack the maneuverability. Therefore, in order to establish and improve the food recall system of China, protect the health and interests of the consumers more effectively, and create a harmonious social atmosphere, it's necessary to generalize the concept of food recall system, and explain the legal theory basis and practical significance of the establishment of the food recall system, and analysis the current legislation on food recall system of China to find out the legal defects in historical research methods, and research the characteristics of the food recall system in developed countries in comparative analysis method, and explore the ways to improve the food recall system of China on the basis of learning from the advances on the food recall system of the developed countries.