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Research on China’s Food Recall System

Author: WangShuJuan
Tutor: LouBingLu；XuXinQi
School: Henan University
Course: Economic Law
Keywords: Food Recall System Defects and improved Legal Issues
CLC: F203
Type: Master's thesis
Year: 2011
Downloads: 210
Quote: 1
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Abstract


Food recall system is a highly operational system. This article as the legal issues of food recall system, first of all proceed from the theoretical issues found in China's legal system for the transplant system for the legal basis of the operation. Introduction of legislative achievements in the area of ??food safety at the same time, cf mature experience of the United States and other developed countries pointed out that the lack of legislation and practice in China. This paper is divided into five parts. The first part is the basic problem of food recall system. Including the origin of food recall system, and in the course of development of our country, our laws are determined to be the scope of the recall of unsafe food, and the nature of the recall the meaning and recall system, features. From the recall system set up by the most basic, the most important purposes of recall system for analysis, for the establishment and implementation of the recall system to find the legal basis: food recall system fully reflects the country through legal means to intervene in the Theory of Economic Law market economy, to maintain the economic order, the purpose of protection of public interests and social stability. The second part starting from the legal point of view, expounded the social function of the recall system and the value of people-oriented perspective, as well as the establishment of the theoretical basis of the recall system. Provide theoretical support for the establishment and implementation of a food recall system. Pointed out that only in the economic law of this sector law, food recall system in order to more fully play its role. National implementation of the recall system, to maintain the balance of the social public interests and the interests of society as a whole by strengthening the protection of consumers, is a manifestation of the legal value, but also the national advocate people-oriented values ??embodied. The third part of the main food recall system in China from scratch legislative process to explore surviving in the lack so far in the legislative and implementation process. China's recall legislation development soon, in a time of food safety incident, to social stability plays a big role. Recalled the main level, procedures, and responsibilities set a little inadequate. In our food recall process, the regulatory authorities of the law more, the coordination between the various departments in the implementation process recall may be very time-consuming, and prone to regulatory blank areas or prevarication situation. Products of the different levels of recall, recall after the treatment should be done further detailed provisions, in order to enhance the work of government regulators targeted, rational use of social resources. \The fourth part introduces the advanced, mature food recall system in the United States and Canada. Including food regulatory authorities, the recall classification, and procedures. Contrast China's national conditions, it can be found, the most prominent difference between China and developed countries is the recall initiated by way of difference, Analysis of the reason is that our credit system construction lag and legal penalties prescribed imperfect. Also provide a template below perfect and thinking of our food recall system. The fifth part, discusses the thinking of the food recall system in China from a comparative perspective. Government authorities and departments including food regulatory settings, the product standards testing and certifying organizations, national a Xianxingpeifu system, food traceability system and product recall information feedback and social supervision. 1, food regulators, the author that, following the establishment of a unified U.S. food regulatory agencies, to take the way of the classification regulation, compared to our country now sub-regulation, coordination, reaction speed in response to food safety events more fast implementation of the recall will be tighter. 2, product standards, testing and certification agency should be independent of government regulators. Product standards testing organizations independent of the government regulators, and helps to avoid local protectionism dissolved local governments to develop product standards. Our policy is a mandatory product certification system, then take independent form of product certification bodies to serious problems in the certified products, contribute to the maintenance of the authority and credibility of the amount of national government departments. The 3 countries a Xianxingpeifu system. Relief, on the one hand to the victims in a timely manner and to reassure the public, maintaining social stability; On the other hand, the transfer of the burden of enterprises, enhance the strength of the corporate responsibility to enable enterprises to break a sweat in the face of trouble, maintaining the prosperity of the market economy. Establish mandatory food traceability system. Food from production to every aspect of the sales are well documented food safety incident occurs, promptly investigated and potentially dangerous, timely elimination of harm reduction. 5 after the implementation of the recall have further information feedback and supervision. Implementation of the recall is either safe food disappear from the market, but more importantly is either safe food completely disappear from people's lives. Implementation of the recall, government regulators and the media, to the processing of unsafe products continued strong oversight, Wushi change the header to change the appearance of unsafe food back into the hands of consumers. Completely eliminate unsafe food is the purpose of our recall.

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CLC: > Economic > Economic planning and management > Management of National Economy > Production industry management
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