Research On Compulsory Food Recall System

Compulsory food recall system is quite perfect in abroad. But our country lack of the system long term. Although the"Food Safety Law"has stated to establish food racall system clearly, but a series of measures about the system are still not perfect, and compare to the promulgate of law, the action of administrative organ is delayed significantly. The article attempts to research compulsory food recall system in the context of the entire food safety area. Firstly, author talks about the profile of developing and existing problems, and than, discuss the legal basis and administrative attributes of the system mainly in the perspective of administrative enforcement law, in my view, the compulsory food recall system should defined as an administrative enforcement actions, but not administrative punishment. and author also attempts to reconstruct the compulsory food recall system by making some specific suggestions, including the legal and administrative reform and some micro-operational measures. author also puts forward the principle of due process, setting five procedures and control methods. At the end of the article, author talks about the legal responsibility about related people, including administrative responsibility, civil responsibility and criminal responsibility. through the research of legal principle and specific system, even access to inspection or vision, attempt to complete the compulsory food recall system, The author hopes it is benefit for establishing the system fully.