China's Legal System Of Food Recall Problem Research

Food recall system as an integration of substantive and procedural law system, in recent years in our country started to implement. Because of just the start stage, food recall many places some problems still exist, to be the new system of our in-depth analysis and thinking. This paper as a food recall system for research of the problem, first from food recall system according to our country's theory of the present situation of our country and the problems of the food recall the analysis; Secondly in reference to contrast in developed countries based on mature experience in China, points out that the food recall legislation and practice need to reform and perfect place.This paper is divided into five parts. From the first part of the basic theory of food recall system carries on the discussion and the analysis. First,with institutional economics with to recall system and show the necessity of value. Second, to recall system itself object, content, subject to define and theoretical elaboration, points out that setting up a workable specific, scientific content detailed food recall system is coping with the inevitable choice of food safety problems.The second and the third part of the main body of the food recall in China from the Angle of the present situation in our country to recall the analysis and summary of the problems of out standing. To recall from the government, enterprises, the main consumer of three in recall and play a role in the different analysis. China food recall the lack of understanding of the special national conditions of our country, the government supervision system and consumer rights and interests protection to have some problems to improve; Legislation level in the existing problem is mainly to the recall legal status is too low, qualitative government supervision department is not science, specific recall program efficiency is low, the sanctions low condition; And in legal concrete implementation process, the enterprise of the recall initiative is not high even boycott, food recall follow-up supervision and blind spot after there with food recall related institutional measures such as food traceability system, food standard system can't keep up with, of these problems is also lead to China's food recall system implementation effect is not very ideal one reason.The fourth part mainly introduces the developed western countries mature food recall legal system. In the system of our country than can be found:although in recall level, recalled way, achieved with the international community, but China has established the lack of strong efficient special food recall department as well as to the problem enterprise harsh punishment and the construction of credit system exists serious shortage. Through these national food recall law system and common analysis and comparing the differences and similarities between, for our country timely transplantation relevant law system provides reference and templates. The fifth part is the specific measures to improve. To improve the recall include legal status, and strengthen the recall system the basic principle of legislation; In the concrete system on further streamline regulatory system, set up special recall management department, the in-situ inspection way compensate follow-up regulation is slack, use the recall civil administration and criminal and so on many kinds of ways and used to increase the enterprise's illegal cost measures. In addition, should actively in the food enterprise of the construction of credit system, the recall information release system, set up the normality of the platform and establishing recalled compulsory insurance system supporting these system to urge and encourage enterprises to actively recall does not safe food, so as to achieve the purpose of consumer protection to the greatest extent.