Study On The Legal Attribute Of Ordering Recall Of Unsafe Food

Unsafe Food Order Recall Since its introduction in 2009 by the revised Food Safety Law,as an important measure in the field of food safety supervision in China,local governments have detailed the applicable conditions,procedures and scope of the order recall The application of the order recall is also increasing in administrative law enforcement,and the number of administrative lawsuits involving the recall of unsafe food has increased sharply.Regarding the order recall in practice,whether it is the administrative agency in the application of law enforcement or the judicial organ in judicial trials,it often encounters various problems.The root cause or the lack of clarity on the legal nature of the order's recall has led to administrative law enforcement procedures.The inconsistency with the applicable documents,and the evasion of judicial reasoning and inconsistent judgments in judicial trials,make it difficult for consumers to satisfy the results of law enforcement and judgment.This article mainly explores one of the difficult problems often encountered in the practice of ordering recalls of unsafe food-what is the legal nature of ordering recalls? The whole article focuses on the inconsistent characterization and reasoning of the recall in different judicial organs,and proposes that the legal nature of the recall is a huge controversy in the current academic and practical circles,and analyzes the provisions and structure of the legislation and the specific application in law enforcement.Basis,applicable procedures,applicable documents,and the judge's argument during the judicial trial,inferred and summarized the legislators',law enforcement's,and judicial staff's knowledge and views on the legal nature of the order to recall.Furthermore,according to the legal provisions and characteristics of administrative punishment and administrative coercion,and scholars' consistent views and characteristics of administrative orders,one-to-one matching and differentiation of order recalls is obtained,and the legal attributes of order recalls are finally administrative orders,not administrative punishments or The point of administrativecoercion.In practice,cases involving the recall of legal attributes of unsafe food face many problems.This article aims to provide ideas for the specific application form,applicable provisions and selection procedures of unsafe food order recall in law enforcement and judicial cases by determining the legal attributes of the unsafe food order recall.Recalling the relevant laws and regulations to provide better considerations.