Research On The Legal System Of Food Recall

In recent years, food safety accidents occur frequently, the health of consumers is seriously threatened, and the market economic order is destructed. Unsafe food caused or may cause harm, as a preventive and remedial to the food recall legal system is imperative. From a legislative perspective, China's food recall system has been initially established, but in practice, the system does not fully and effectively play its due role, and there are still many problems in urgent need of further refinement. This article aims to demonstrate content of the food recall system, evolution and significance of China's food recall system to review the problems and try to learn from the experience based on the proposed extra-territorial solutions to this problem.This article is divided in five parts:The introduction of the article compared China's Sanlu milk "melamine" events with U.S. Abbott "beetle" events, pointing out that China's food recall system problems and obstacles to implementation. This part also introduced the purpose of this study, the research situation at home and abroad, the article's research contents and methods.The second part is a description of relevant theories of food recall, including the concept of food recall, the legal nature and function of food recall, the basis of the food recall system. This paper argues that the legal nature of the food recall is the Economic Law. Food recall has law, economics and ethics basis in China.The third part is about food recall provisions overseas, mainly on the United States, Canada and Australia, its implementing agencies, the level of recall and recall procedures are described, followed by that of foreign experience to China. The fourth part is the present situation of Chinese food recall legislation and defect analysis, through the description and analysis of China's current legislation on food recall, pointed out that lack of defects of food recall system in China.The last part of the article is to improve the study of food recall system, by building a perfect system of legal norms, improving the substantive and procedural provisions of food recall and perfect measures associated with a food recall, with a view to perfecting the legal system of food recall.