China's Food Recall Legal System

Frequent outbreaks of vicious food safety incidents, China's food safety problems to the cusp, newspapers, websites, TV, and almost all the media put food safety as a concern about the object, any relevant food safety incidents are media chasing the object.With the continuous deepening of exposure of the media of unsafe food, people become more panic, why the problem of food is still highly under pressure of repeated,endless?In my opinion, the main reason this happens is that China's food safety legislation is imperfect,food safety system is set unreasonable,which lead to the lack of Co-ordination, consistency and operability in dealing with food safety issues.The food recall system focused on the prevention of unsafe food hazards and reduce the hazard, its purpose is to protect the public food safety.August2007, AQSIQ issued a food recall regulations, it is clear provisions for food recall in China's first national legal documents,although it belongs only to the effectiveness of departmental regulations, but the introduction of the provisions of marked food recall system to the formal implementation of the country.In February2009, the11th National People's Congress issued the "People's Republic of China Food Safety Law",53of the Act explicitly pointed out that the countries have established a food recall system for food recall system has been established in the central legislative.Formation of late, so the need to improve the content of our food recall legal system,I use the empirical analysis, logical analysis, historical analysis and other scientific methods,comments and suggestions on China's food recall legal system based on a comprehensive study of food recall the theoretical basis and the legal construction system.This paper studies China's food recall the legal system, divided into the following four parts:The first part of a Food Recall System Overview, elaborated the concept of defects food, unsafe food and food recall system and the characteristics of the food recall legal system, after the food recall the defective auto product recall, drug recalls contrast,demonstrate food recall system is different from the other two recall system for food recall the legal system to exist as an independent system of basic bedding, as discussed later;The second part deals with food recall the theoretical basis of the legal system and social basis of the food recall the legal system is the product of its development and progress of the basic theory and the social basis of internal and external contradictions. The traditional theory of liability, to provide a theoretical basis, but can not achieve its purpose to protect public food safety; social basis of consumer protection, corporate social responsibility, the internal order of the market, social and public interests demand, accelerated food recall as establish an independent legal system;Recall the third part of our current food laws and regulations, rules and regulations, to master our food recall the whole picture of the legal system;The fourth part is my food recall of existing problems and suggestions of the legal system, this part of the combination of the second, the third part of the analysis of the legislation and its shortcomings, and the situation of China feasible legislation to improve the advice and practice in operational approach.