Legal System Of Food Recalls

Food recall system is the last bulwark to food safety, and its importance isself-evident. China’s food recall system started relatively late."Food safety recallmanagement regulations" was issued and implemented in2007, and this is the firsttime to confirm the food recall system at the national level. However, because thenature of it is only administrative rules promulgated by agencies under the StateCouncil, legal position is not high, the complete system of recall is unable to beconstructed effectively. In2009the implementation of the" Food safety law"established food recall system with the basic legal form in our country, and it madesome provisions in principle, but the recall procedure and supporting system andmany aspects are not complete, making its applicability not strong in executiveprocess. In view of the grimness of China’s food safety situation, it is very necessaryto establish and improve the legal system of food recall.This article analysis the theory and practice of food recall system, to put forwardlegal system defects and reality of the plight of its existence, based on the investigateof current situation of foreign food recall system, summary advanced experienceswhich can be to draw lessons from for our country, and make suggestions forimproving the food recall system in China. This thesis consists of five chapters: thefirst chapter analysis through the food recall law, legal relationship, legal procedure,the legal liability and other four aspects of the food recall system, elaborates the basicproblem belongs to the food recall system; The second chapter mainly elaborates thesystem of food recall in jurisprudence, law and economics, sociology of law and otheraspects of the theoretical basis; The third chapter analyzes the existing gaps in themain analysis of existing problems in terms of the plight of two defects and theimplementation process of the legal system of China’s food recall system; The fourthchapter introduces the food recall system extraterritorial experience to draw on theexperience of our country, summed up by inspection of the status food recall systemof the United States, Canada and other developed countries; The fifth chapterproposed consummates our country food recall system, focus on the improvement of legal system, perfecting supervision system, improve the relevant supportingmeasures three aspects, in order to realize role of the food recall system in theprotection of China’s food security.