Research On Domestic Legal Issues Of Food Recall System

The emerging of food safety issues is threatening our public health. Prevention is better than relief, and it is urgent to build a food recall system as soon as possible. In early 2010, melamine milk powder market return. While people are still shocked: "How are these milk back?", in August, Sheng Yuan Milk powder is also discovered that the milk powder will make children precocious. With the spread of the case, it eventually evolved into a Bewildering business defamation case. Repeated failure of the food recall system, is it means that as someone said,"it should be abolished."The news that suspicion of Salmonella infection of eggs, the United States recalls 6.875% of its annual production, due course came. It is of great vitality after the food recall system is gradually completed. In this article, I attempt to stand in a broad, comprehensive perspective and use methods of value analysis, empirical analysis, and logic analysis to study and improve China's food recall system. This article is divided into four parts:The first part provides an overview of China's food recall system, through the analysis of the legal nature of the food recall system to explore the public and private law property and departmental law property of the food recall system, and then analyzes the value of the food recall system to understand the content of the food recall system and its significance. From the three aspects of the subject, the object, and the legal responsibilities of food recall system to understand the law relations of food recall system; through legal requirements such as the recall of methods and measures, risk analysis and assessment, and traceability system to introduce the legal run of food recall system.The second part analyzes the problems of China's food recall system, from the following aspects: according to the system basis, the law system is lack of rigor and food safety standards is far away from the reality, punishment is too light; In terms of regulatory body, policies come out from different departments, and departments are not only lack of coordination with each other, but also lack of communication and cooperation with consumers and social groups; In the case of regulatory means, the traceability system is not completed as a whole, and detection technology as well as testing standards is lacking; Credit environment is immature.The third part from the aspects of the legal system , regulatory authorities, the recall level, traceability system, legal responsibility to analyze the United States, Germany, Canada, the European Union's food recall system. Explore the advanced food recall system in other countries, and compare to domestic food recall system for the improvement of China itself.The fourth part is mainly about the situation of China's food recall system. According to the system basis, the system main body, means of supervision, and the credit environment of food recall system, measures are put forward that a sound recall system, including but not limited to: improve the legal system, construct central and local levels of food safety regulatory system, enhance communication with consumers and cooperation with social institutions, adopt traceability system of EAN ? UCC, and set up food recall liability insurance and funds.Construction of China's food recall system not only has a positive influence on the building of credit management system, but also is the inevitable requirement of the rule of law: On one hand, it can ensure public health and protect consumer interests. On the other hand, it can urge the enterprises to improve product quality, and promote the rational development of enterprises to create a healthy and orderly market environment. Meanwhile, it can also improve the efficiency of functional departments in a timely manner to maintain public health security.