The Exploring And Analyzing In Food Recall System In China

Food recall system make a start with the developed countries such as USA and Australia. It has been transplanted unceasingly and covered as an important system in our country. It starts with character and essencing the main body of a book what are recalled from two angles in food, by analyzing two aspects that are theory and demonstration. Necessity and food assay information is expounding and proving food recalling the mistake that system creates make the certainty substituting food recalling system known to the public. Judging from the character that food recall, food recall bearing it being insecure food business behavior rescission and civil liability, therefore, food recall belonging to privacy rights relation. The civil legal norm adjustment to this legal relation is already very sufficient, public power interfering with is not only unnecessary, and impossible. Food recall system being created by recalling on self's own initiative and forcing to recall two kinds of ways, have adjusted, does not have the morality conscience recalling relying on the behavior main body completely on self's own initiative legally significance; And force recall is to compel the main body to "recall on self's own initiative", so-called forcing embodies in the administrative penalty also only, does not embody in putting into effect recalling behavior. Whether can realize insecure food recalling, absent food of decisive factor recall the information promulgator, but lies in the consumer who buys and uses this food, because of the consumer owns entire proprietary right to being insecure food's turn. Therefore, food recall system has forbidden prevision on adjusting result in the norm. At the same time, food recall system be created by being able to be used appearing between the legal norm to conflict, but food recall systerm made the second way. Judging from the character of food recall, which exactly is to make information known to the public and inform of a food assay by certain approach in fact, make recipient information main body bring forward even civil reparation requesting returning the purchase, exchanging goods to the other party. From this, driving insecure food to handle the problem solving, key does not lie in going against the objective law field using administration will. The strong civil orders main body makes certain civil behavior, but lies in promote civil respectively square main body information symmetrically, respects public right to be informed of society sufficiently, makes food assay information known to the public in time. Respecting and defending the civil main body are free and avoid using mandatory administrative measure more than the correct or required number, provide administration service in time effectively, which exactly is to get rid of the tradition "the pattern of obeying with the order and the administration". The view "that is served concept composes in reply with the new model relation working together ", acts on self's own strengthening the public of society right concept result.