The Exploring And Analyzing On The Legal System Of China's Food Recall

As the last line of guarantying food security, food recall system is of vital importance. China's food recall system was established relatively late. The Regulations on the Food Safety Recall symbolized the formal establishment of China's food recall system. Because it is a departmental regulation, its legal status is inferior and cannot effectively build a comprehensive recall system. The Food Safety law made some general requirements of food recall, but the recall procedure, supporting system and many other aspects are not perfect. It is necessary to establish a comprehensive food recall system as China's food security situation is very serious.Based on the comments on China's food recall system, the paper puts forward several advices to perfect it. The basic structure and ideas of the paper are as follows:Chapter I introduces the concept, content of the food recall system and characteristics of China's food recall system.Chapter II contains two parts. The first part analyzes the defects of China current food recall system. Defects Include: the legal system is not perfect, food label system is not perfect,administrative division of authority is not clearly defined,punishment intensity and deterrence is not enough. The second part describes the necessary of improving the food recall system. The necessity include the need to protect the interests of consumers, to improve the competitiveness of enterprises, to maintain social harmony and the need to enhance China's international image.Chapter III puts forward several advices to improve China's food recall system, which is the most important part of the paper. In the legislative system aspect, this part puts forward improving the system of legal system, which includes improving the legal status of The Regulations on the Food Safety Recall and improving food label legislation; in the regulatory system aspect, includes establishing of a unified regulatory mechanisms, improving the food safety standards and detection system; as to the recall procedure system, this part designs a specific procedure of food recall system. in improving the Punitive measures aspect includes introducing punitive damages and the establishing the crime of doing not fulfill obligations of the food recall. In the supporting system, includes improving the food traceability system, establishing food recall insurance system and reward system for reporting.