Study On Chinese Food Recall System

In recent years, food safety incidents happened one after another in our country. A series of food safety incidents have aroused intense concern of the public on food safety. It's urgent for our government to take measures to solve food safety problems and protect people's right of life and health. In the year 2009, The Standing Committee of The National People's Congress discussed and issued "Food Safety Act of the People's Republic of China", which marked the further improvement of our food safety legal system. However, the promulgation of "Food Safety Act" didn't reduce the production of food safety problems, that's because of the lack of experience and time in the law enforcement. At the same time, the relevant legislation and the implementation is inadequate. As an important way to solve food safety problems, food recall system is not perfect, although it has been provided specifically in "Food Safety Act of the People's Republic of China". "Food Safety Act" only provides legal basis to prevent food safety incidents. This paper integrates theory with practice, and gives a comprehensive analysis of Chinese food recall system compared with western developed countries'food recall system. Then the drawbacks of current Chinese food recall system are summed up and the proposals are put forward.This paper is divided into four chapters.Chapter One starts with relevant concept and compares food recall with the concept of food removal and food recovery. Then the author proposes some ideas about the controversy of the legal nature of food recall system in the academic community and summarizes the classification and exemption from liability of food defect. Finally the author points out the significance. It can help to protect consumers'life and health; it is conducive to improve competitive ability of enterprises; it contributes to adapt to the economic integration around the world.China's current food recall system is dealt with in Chapter Two. Not only does the author point out the defects of China's legislation and its implementation, but also analyzes the characteristics of China's food recall system.The experience and enlightenment of setting up food recall system in America and Canada are analyzed and compared in Chapter Three with the empirical and comparing analysis. And a few points of our inspiration are summarized.In Chapter Four, the proposals and countermeasures of completing and improving Chinese food recall system which can be used to solve the current problems are put forward, which include:perfecting the supervising system and initiation system of food recall, importing food recall insurance system and punitive damages liability, establishing enterprise credit system, and so on.The proposal to perfect the defective food recall system is the core of this paper. The former three parts foreshadows the fourth part. The author tries to conduct a comprehensive study on food recall system and research results, combined with the current "Food Safety Act" of the latest achievements in theoretical research. Firstly, the principles and general direction of food recall system are determined, then the relevant supporting measures are explored in detail. Among them, the author demonstrates the necessity for establishing punitive damages system with economic analysis method, and makes some suggestions to improve the initiation system and the liability insurance system of food recall.