Research On China's Food Recall System

Product recall system is an operational strong system. This article is about the research on the law of product recall system. First start from theoretical issues, the aim is to make the transplantation of the system to find operational legal basis in the legal system of our country. This article introduces the legislative achievements of food safety in our country, in the meantime, I contrast the United States and other developed countries mature experience, and then, I pointed out that the deficiencies in the legislation and practice .This paper is divided into five parts. The first part is about basic questions of product recall system. Including that the origin of product recalls system and its development in our country. The law in our country shall be determined in the range of the unsafe products recalls. The meaning,properties, characteristics of recall system and so on. The analysis of recall system comes from the most fundamental and most major parts of recall system establishment. The aim is to find legal basis about the recall system establishment and implementation. Product recall system fully embodies the national purpose that country intervene market economy through legal means,Maintaining economic order,guarantying the social and public interests and social stability .The second part is from the perspective of jurisprudence. It expounds the social function of recall system and Human-oriented value perspective, and to set up the recall system theory and legal basis. To provide theory, civil law, administrative law and other legal support for product recall system establishment and implementation. It's also pointed out that civil law, administrative law with recall system are inseparable links in the actual operation, so we cannot simply put recall system in civil or administrative law . Only in the economic law, product recall system can comprehensive play its role better. Recall system which is implemented by country is by strengthening consumer protection to protect the interests of public and the whole society balance. This is the embodiment of the legal value and the human-oriented values.The third part mainly introduced the legislative process from scratch of product recall system. And by now, recall system still exist deficiency in the process of legislation and implementation. Of course, the legislation of China's recall develops quickly. The product safety accidents play a large role to social stability. But there is a little bit of inadequate in recalled subject, grade, procedures and responsibility setting and so on. During our food recall process, we have a lot of law supervision department. So, the coordination between the departments would eat up a lot of time In the process of executing recalled. And it's very easy to appear regulatory gaps or mutual buck-passing situation. Aimed at different levels of products, the processing of recalled later should be dealt with further meticulous. This is in order to enhance government regulators and reasonably using the aim of social resources. Food safety law introduced punitive compensation system, and strengthened to a threat of production enterprise, also increased the risk of enterprise aggressively recall, and then, contained the enthusiasm of the enterprise is voluntarily recalling.The fourth part mainly introduced the advanced and mature food recall system in the United States and Canada. Including food regulators, recalled grading and procedures and so on. Contrasting China's national conditions, we can find that China and developed countries the most outstanding difference is recalled initiate means differences. The reason lies in the construction of credit system in China in the lag and legal penalty stipulated not perfect. Below for our food recall system provides the perfect and thinking template.The fifth part discussed mainly from the Angle of comparison on our product recall system thinking. Including food supervision of government functions and departments, the product standard testing and certification institutions, the state establishes the first compensation system, food traceability system and product recall the information feedback after and social supervision .First ,the supervision of food. Contrasting the present regulation, coordinate work subsection way in our country, The author thinks that the food shall be uniformly imitates the U.S. regulatory authorities, take in the way of classified regulation to food security incident response will be faster, recalled implementation will also be more rigorous. The second, the product standard testing and certification institutions shall be independent from the government supervision department. Product standard testing institutions independent of government regulators, it can help to avoid the local government to determine the product standards into protectionism. Our country executes is product authentication system, then compulsory product certification bodies take independent forms, in authentication products when there are serious problems, will help maintain national government authority and credibility. The third, the state establishes the first compensation system. On the one hand for victims in aid, stable hearts, maintain social stability; On the other hand, transfer enterprise burden, enhance the strength of the enterprise assumes responsibility, make enterprise in the face of difficulties when resting machine, maintaining market economic prosperity. The forth, establish mandatory food traceability system. Let food from the production to sales, each link is documented happen food safety accidents, to investigate and punish the potential danger, and remove in time, reduce damage. The fifth, recalled after carrying out to have further information feedback and supervision. Implement recall is not only make unsafe food from market disappeared; more important is make unsafe food from people's life completely disappear. After implementing recalled, the government regulator and the news media, for unsafe products handled should give continued strong supervision, lest unsafe food back into the hands of consumers. We recall purpose is to eliminate unsafe food thoroughly.