Research On The Legal System Of Food Recall In China

The human civilization can be divided into material civilization and spiritual civilization, both of them play an important role for human survival and development, the former provides material base, while the latter provides intellectual support. Food as an important part of material civilization, generally speaking, the food security situation about a country represents its material civilization progress, which indirectly determines its spiritual development. With advances in technology, the whole world food production is significantly improved, the food safety issues of most country concerned transit from the food quantity protection to the full range of food safety, especially the food quality protection. There are many regulatory approaches about food safety, the food recall system as the last indemnification to protect the food safety in the food chain is widely valued by each country.On June 1, 2009, China promulgated the "Food Safety Law" and Article 53 specifies that "the nation would establish food recall system ", food recall system ultimately be reflected in the legislation. The establishment of food recall system has some features such as preventive nature, free nature, public nature, substantive law and procedural law compatibility and so on. However, due to the food recall system established relatively late in China, the food recall system still has some system defects, for instants, incomplete food recall law system, and unspecified food recall regulatory responsibility, etc. In addition, there are some other problems, such the regulators lack of experience, sense of responsibility of food producers is not strong, the public not familiar about the recall system and so on. China's food recall system still should be perfected. Earlier this year, "melamine" dairy back on the shelves events have exposed the shortcomings of our country's food recall system once again, which seriously harm to our country's food safety.The article consists of four sections.The first part introduces the concept of the food recall system and features. Concepts are introduced first to lead to the status of our food recall, then through analyze and compare with foreign concepts, find out the origin of food recall system; second through analysis the common characteristics between the food recall system and the defected products recall system to provide theoretical support for the food recall system, and analyzed its own characteristics.The second part discusses the food recall system legislation and practice in the foreign country. Mainly introduce the legislation and practice of the United States, Australia, New Zealand and Canada, than do research and analysis, in order to facilitate we can study their successful experience.The third part studies the significance and difficulties of the establishment of food recall system in China. First discussed the positive significance of the food recall system through the protection of food safety, create enterprise business reputation, safeguard social fairness, reduce transaction risk and enhance our international image; Next according to the specific situation in China discussed the dilemmas we faced through the food recall system, traceability mechanism, corporate responsibility, monitor efficiency and recall cost, etc.The fourth part provide proposal for the construction and improvement about food recall system, which is the most important part of this article. Proposals focus on improving food recall legal system, specific regulatory mandate, unify food safety standards, and improve food quality control system and traceability system and the establishment of recalling insurance.