我国食品召回现状及完善对策研究

Status Quo of China's Food Recall and Improving Measures

摘要:

近年来，我国食品安全事件频发，严重危害着人民群众的生命健康，完善食品相关法律制度，健全相关法律法规成为当务之急. 分析我国食品召回制度存在的问题主要有：食品召回相关法律法规上位法与下位法、新法与旧法有冲突；食品召回主体范围过窄；食品召回监管部门不明确，责令召回执法力度不足；企业诚信体系不完善，企业违法成本过低. 建议进一步完善食品召回的法律制度体系；扩大食品召回主体的范围；建立和健全食品企业信用法律制度；提高召回违法成本.

Abstract:

In recent years, frequent food safety incidents in our country seriously endangered people's life and health. Therefore, perfecting the relevant legal system of food and improving the relevant laws and regulations become the urgent matter. The main problems existing in the China's food recall system are the conflicts of superior and inferior laws and regulations or new and old laws and regulations, the narrow food recall range, unclear supervision departments, insufficient law enforcement, the imperfect enterprise credit system and enterprise credit system, and the low violation cost. In view of the above problems, some suggestions about how to improve the current food recall system were given in this paper. The legal system of food recall should be perfected and the scope of food recall subjects should be enlarged. Moreover, the legal system of food enterprise credit can be established and perfected and the violation cost of food recall can be improved.