On Food Recall System In China

With the rapid development of economy,the task of food safety supervision in China is facing new challenges.In recent years,lean meat powder,industrial gelatin,plasticizer,trans fatty acid,transgenic,public media fermentation like a large number of reports on these unsafe food news,the domestic people pay more and more attention to it.Food safety,at the same time also heard a lot of foreign doubts about the quality of China’s food,which shows that strict supervision and management of food safety in China is very important.China’s food recall system is a very necessary part of food management and inspection and supervision.This system can not only deal with the problem of unsafe food more effectively,but also play an important role in maintaining the long-term stability of the country.Food recall system can be found when a problem food has not caused harm to consumers when there are defects in the food,in this case,in order to eliminate the consequences of serious damage caused by the problem food in the first place,the relevant subject will immediately recall the problem food.Food recall system can be said to be the last line of protection for the remedies that pose serious health hazards to the public.It is different from China’s"Consumer Protection Law" and other laws,because it is a preventive means of relief is not other laws used after the relief process.Compared with other developed countries,China started to study food recall system relatively late,so there are still some problems,such as unscientific food safety standards,incomplete procedures for food recall,lax legal liability,lack of supporting mechanisms for food recall system,and so on.Therefore,in the play of food recall.The effectiveness of the system is limited,so we should gradually combine the reality of our country to study and improve it.In this paper,the author studies the basic theory of food recall system,combs out the legal provisions of food recall system in China,and analyzes some problems in legislation and law enforcement of the current food recall system in China,and then analyzes how the food recall system is stipulated in the United States,Australia and the European Union.In addition,the author puts forward some suggestions on the existing problems of food recall system in China based on the construction achievements of these countries.The article is roughly divided into four parts.The first part is an overview of the food recall system.At first,it introduces the meaning of food recall system,the characteristics of food recall,that is,the specificity of legal basis,the clarity of supervision department,the consumability of recalled objects;then,it explains the difference between food recall system and product liability,and the comparison of product return system;secondly,it clarifies the food recall system.Finally,it points out that food plays an important role in protecting the legitimate rights and interests of consumers,participating in international competition and enhancing the competitiveness of enterprises in the market.The second part introduces the existing food recall system in China.Here,the legislative situation of China’s food recall system is first expounded.This paper reviews the laws and regulations of the food recall system at the national level,including the provisions of the Food Safety Law,the Consumer Rights and Interests Protection Law and the Product Quality Law.Secondly,through the "food safety law"It is analyzed that there are some shortcomings in the food recall system in China,such as unscientific food safety standards,incomplete subject of food recall,incomplete procedure of food recall,lax legal responsibility and lack of supporting mechanism.The third part is about the relevant laws and regulations of the food system in foreign countries.The author analyzes some laws and regulations of the United States,Australia and the European Union which have developed the legislation of food recall system.In this part,the author mainly introduces how to stipulate the recall system in these countries.In addition,the author also introduces some specific laws and regulations,such as supporting system,standard system and so on.At the end of this part,the author summarizes some systems which can be used for reference according to China’s national conditions,such as perfecting the food safety standard system,perfecting the legal responsibility of food recall,and strengthening the supporting mechanism of food recall system.The fourth part is mainly for improving China’s food recall system suggestions.Drawing lessons from the achievements of foreign countries in establishing food recall system,the author puts forward some suggestions on perfecting China’s food recall system.Firstly,the system of food safety standards should be perfected.Secondly,the procedure of food recall should be standardized,including definite submission time of enterprise report and according to food.Third,improve the legal liability of food recall,increase the amount of punitive damages and increase the intensity of administrative penalties;finally,strengthen the construction of food recall system supporting mechanisms,including the establishment of a complete food traceability system;establish open and transparent information;Mechanism;establish a liability insurance system for food recall.Above is the introduction of the content of the article,the innovation of the article mainly includes:First,foreign countries can effectively implement the food recall system mainly depends on its advanced food safety standards,the author believes that China should improve the scientific food safety standards.Secondly,this paper uses comparative analysis method to draw perfect suggestions from the differences between China and the United States,the European Union and Australia on food recall system.Thirdly,on the lack of supporting mechanisms of China’s food recall system,the author put forward targeted solutions.However,due to the author’s limited knowledge and poor thinking,this paper is inevitably immature in terms of language expression and arguments.