Current Problems And Legal Solutions Of Food Recall System In China

Although, facing the grim problem of food safety, China has basically established the food safety system of law, there are still some flaws existing in legal proceedings, supervision and responsibilities of food recall system, from the perspective of the composition of system. These problems result in weakening manipulations of management and the pessimistic situation. Through the analysis of the existing situation of food recall system of foreign countries and Chinese Taiwan, this article tries to put forward some suitable suggestions for the development of China’s food recall system. In view of this, this paper is divided into four parts for discussing the present situation of the food recall system and countermeasures.The Part One is mainly about the present situation of China’s food recall system. In April 2015, the new revised Food Safety Law expands the range of recalling food and reasons. Furthermore, it stressed the responsibility of producers and operators and cleared the object of remedial measures. Through the concrete analysis of the method, duty and regulatory situation between independent recall and the ordered recall, discussing the present legislation.The Part Two is a comparative study on the legal system of food recall in foreign countries and Chinese Taiwan. Comparing and analyzing the legislation and actual situation between the United States, Australia, Japan, Chinese Taiwan respectively.The Part Three is the summary questions of China’s food recall system. In contract with Part One, we mainly analyze problems. The major problems are recall supervision system’s weakness, the limited power of the Food Safety Commission, flaw of standard of food hygiene, the lack of food recall of criminal responsibility and citizens’ litigious right, in addition, supporting mechanism is missing.The Part four is put forward suggestions according to the problems of food recall system in China. Main contents include strengthen supervision, strengthen the Food Safety Commission. Improve the food sanitation standards. Additional food recall of criminal responsibility and civil food recall provisions related to the right of that perfect recall liability in civil law status. Formulate detailed rules for implementation and supporting measures. At the same time, draw lessons from the relevant system of the foreign countries and Chinese Taiwan area, so as to sum up the suggestions for the improvement of China’s food recall system.