Research Of Our Country’s Food Recall System

In recent years, China’s rapid economic development, and the gross national product(GNP) increasing, but at the same time food safety issues become more prominent. There are many food safety incidents in recent years, such as Shanghai fu xi carrion, kunming poison rice noodle events, Beijing han li xuan "saliva meat" events, shenyang poison bean sprouts, and so on, these amazing food safety scandals the life of people more health and safety are also cause for concern, the establishment of food recall system is increasingly urgent. However, June 1, 2009 of the “food safety” in this context established a food recall system, the article 53: national food recall system is established. Food producers found that food does not meet the food safety standards, it shall immediately stop production, food recall already on sale, inform the related production operators and consumers, and record and recall notice. Food business operators found its food do not conform to the food safety standards, management should immediately stop operation, inform the relevant operators and consumers, and record the stop operation and notice. Food producers think should recall, it shall immediately recall. This provision which marks China’s food recall system formally established.Has been established the food recall system in a certain extent not only stabilize the market order, protect the legitimate rights and interests of consumers. Compared to many countries, however, a more perfect food recall system in terms of food recall system of our country starts relatively late and development is not perfect. China’s many food safety incidents happened in recent years, although existing food recall system to a certain extent, played the role of rules and regulations, but the legitimate rights and interests of consumers are still not well maintenance, by some unethical dealers still ruthless trample, so that the consumer distrust of many businesses, mistrust of the consumption environment. The causes of this phenomenon are various, subjective aspect is due to merchant community values and the distortion of the justice, simple to pursue the maximization of interests; Objective aspect is due to the incomplete law, is mainly for the food recall system of our country in terms of recall procedures as well as the scope of the recall provisions are not clear, the producers and dealers, legal loophole, the unsafe food production and sales as the springboard, which endanger the whole consumption environment. Law is a kind of means to coordinate the interests of, he can coordinate the interest contradiction by means of distribution of rights and obligations, can be combined with fairness and justice and play a role of the regulation of state coercive power. Therefore, to perfect the legal system of food recall system is to curb food safety incidents happen, purify food market environment of a kind of effective means.In this paper, the study of food recall system in our country in reference on the basis of a large amount of literature, and combining with the developed countries food recall system outside of advanced legislative experience. The text is divided into four parts:The first part is an overview of the food recall system.It introduces the establishment and development of food recall system, food recall system involves the related concept, namely, the "food", "food security", analyzes the concept of "food recall system". The department is divided into the overall introduction food recall system laid a theoretical foundation.The second part introduces the status quo of food recall system from two aspects. The first aspect is the the legislative overview of the food recall system in our country, including national legislation and local legislation. The second aspect is that the food recall system in China exist the implementation process of the system and the system problems, such as, incomplete legal system, lack of relevant supporting facilities, the regulatory functions of chaos, etc.The third part introduces some developed countries food recall system. Such as, the United States, Canada, Australia, the European Union. These developed countries have relatively mature food recall law system, a complete recall procedures, clear the responsibility main body, and are still not mature in many aspects in our country. As a result, they advanced food recall system for the development of China’s food recall system and provides the perfect experience.The fourth part put forward suggestion to perfect China’s food recall system on the basis of the research. Main improving Suggestions from three aspects: the legal level, food enterprise level, the consumer level.