我国食品召回制度法律研究
发布时间：2018-10-26 18:46
【摘要】：从阜阳的大头娃娃到“红心鸭蛋”再到多美滋奶粉中出现小蛆，人们在谴责不良生产商的同时，也开始反思我国的食品安全法律体系存在的问题。这也直接促使了我国《食品安全法》在2009年的出台，但即使该法已经实施近五年，食品安全事件并没有因此而减少，反而有日益增多的趋势，对比食品安全先进国家的食品安全法律制度，发现我国还有许多方面需要改进，而作为保障食品安全最后一道防线的食品召回制度尤其需要完善。在我国，，《食品召回管理规定》对食品召回的主体、程序都有详细的规定，但它仅仅是质检总局颁布的部门规章，法律效力不高，不能很好的协调各方的关系。《食品召回管理规定》的尴尬地位似乎随着《食品安全法》的出台而得到了改变，但我们应该看到，仅仅在该法第53条所做的关于食品召回的法律规定太过原则性，在实际工作中并不能很好的运用，这需要进一步的立法对其进行解释。而欧美一些国家有比较丰富食品召回方面的立法经验，因此，在健全我国食品召回法律制度的过程中，找到存在的差距，继而在我国的法制建设中不断地汲取国外这方面的成功经验，改善我国的食品安全状况，这也是本文写作的目的。 本文由四个部分组成。第一部分介绍了食品召回制度的基本理论。首先简单论述食品召回的概念和特点，食品召回就是将市场上流通的不安全食品收走并进行后续的无害化处理的过程；食品作为一种特殊的商品，决定了食品在召回的过程中具有不同于一般商品召回时的特点。 第二部分是对我国食品召回制度发展过程的介绍和现阶段我国在这方面存在的不足。食品召回制度在我国起步较晚，一般认为北京在2002年1月实行“违规食品限期追回制度”，是我国食品召回制度开始建立的标志。对比欧美一些国家在食品召回制度中几十年的实践经验，我国在这方面存在一些不足是在所难免的，这需要在以后的工作中不断地改进。 第三部分是对介绍了欧美一些国家现行的食品召回制度。美国、加拿大、澳大利亚在这方面的经验较丰富，通过分析这些国家的法律体系、监管体制和其他配套制度，指出我国在这方面可以借鉴的立法经验。 第四部分是针对我国食品召回制度存在的问题提出了改进建议。指出从食品召回的法律体系和相关的配套措施两个方面加以完善，前者主要从健全食品召回的法律体系、建立明确的监管机构、加大对不负责任的不安全食品生产商和监管职责人员的处罚力度等方面出发；后者主要是对方便食品召回的溯源机制的建设和完善食品召回的技术支撑，以及为了防止问题食品召回后再次流入市场而建设的食品召回后的后续处理。
[Abstract]:From the big head doll of Fuyang to the "red heart duck egg" to the small maggots in Dumeizi milk powder, people condemn the bad producers, and at the same time, they begin to reflect on the problems existing in the food safety legal system of our country. This has also contributed directly to the promulgation of the Food Safety Law in 2009. But even though the law has been in force for nearly five years, food safety incidents have not been reduced, but on the contrary, there is an increasing trend. Comparing with the food safety legal system of advanced countries, it is found that there are still many aspects to be improved in our country, and the food recall system, which is the last line of defense to ensure food safety, needs to be improved. In China, the provisions on the Administration of Food recall have detailed provisions on the main body and procedures of food recall, but it is only a departmental regulation issued by the General Administration of quality Supervision, Inspection, Inspection and Inspection, and the legal effect is not high. The awkward position of the Food recall Regulation seems to have changed with the introduction of the Food Safety Act, but we should see, Only in Article 53 of the Act the provisions of the law on food recall are too principled and can not be applied well in practice, which requires further legislation to explain them. Some countries in Europe and America have rich experience in food recall legislation. Therefore, in the process of perfecting the legal system of food recall in China, we have found the gap. Then, in the legal construction of our country, the successful experience of foreign countries in this field is constantly drawn, and the food safety situation of our country is improved, which is also the purpose of this paper. This paper consists of four parts. The first part introduces the basic theory of food recall system. Firstly, the concept and characteristics of food recall are briefly discussed. Food recall is the process of removing unsafe food from the market and dealing with it without harm. As a special commodity, food has different characteristics in the process of recall. The second part introduces the development process of food recall system in China and the deficiency in this aspect. The food recall system started late in our country. It is generally believed that Beijing's implementation of the "food recovery system within a limited period of time" in January 2002 is the symbol of the establishment of the food recall system in China. Compared with the practical experience of some European and American countries in the food recall system for several decades, it is inevitable that our country has some shortcomings in this respect, which needs to be improved in the future. The third part introduces the current food recall system in Europe and America. The United States, Canada and Australia have rich experience in this field. By analyzing the legal system, regulatory system and other supporting systems of these countries, the author points out the legislative experience that our country can learn from in this respect. The fourth part is to put forward suggestions to improve the food recall system in China. It is pointed out that the legal system of food recall should be improved from two aspects: the legal system of food recall and the relevant supporting measures. In the former, the legal system of food recall should be improved, and a clear regulatory body should be established. To increase the penalties for irresponsible unsafe food producers and regulatory personnel and so on; The latter is mainly about the construction of traceability mechanism of convenient food recall and the technical support of perfecting food recall, and the follow-up treatment of food recall which is built to prevent the problem food recall from entering the market again.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.16;D922.294
本文编号：2296635
[Abstract]:From the big head doll of Fuyang to the "red heart duck egg" to the small maggots in Dumeizi milk powder, people condemn the bad producers, and at the same time, they begin to reflect on the problems existing in the food safety legal system of our country. This has also contributed directly to the promulgation of the Food Safety Law in 2009. But even though the law has been in force for nearly five years, food safety incidents have not been reduced, but on the contrary, there is an increasing trend. Comparing with the food safety legal system of advanced countries, it is found that there are still many aspects to be improved in our country, and the food recall system, which is the last line of defense to ensure food safety, needs to be improved. In China, the provisions on the Administration of Food recall have detailed provisions on the main body and procedures of food recall, but it is only a departmental regulation issued by the General Administration of quality Supervision, Inspection, Inspection and Inspection, and the legal effect is not high. The awkward position of the Food recall Regulation seems to have changed with the introduction of the Food Safety Act, but we should see, Only in Article 53 of the Act the provisions of the law on food recall are too principled and can not be applied well in practice, which requires further legislation to explain them. Some countries in Europe and America have rich experience in food recall legislation. Therefore, in the process of perfecting the legal system of food recall in China, we have found the gap. Then, in the legal construction of our country, the successful experience of foreign countries in this field is constantly drawn, and the food safety situation of our country is improved, which is also the purpose of this paper. This paper consists of four parts. The first part introduces the basic theory of food recall system. Firstly, the concept and characteristics of food recall are briefly discussed. Food recall is the process of removing unsafe food from the market and dealing with it without harm. As a special commodity, food has different characteristics in the process of recall. The second part introduces the development process of food recall system in China and the deficiency in this aspect. The food recall system started late in our country. It is generally believed that Beijing's implementation of the "food recovery system within a limited period of time" in January 2002 is the symbol of the establishment of the food recall system in China. Compared with the practical experience of some European and American countries in the food recall system for several decades, it is inevitable that our country has some shortcomings in this respect, which needs to be improved in the future. The third part introduces the current food recall system in Europe and America. The United States, Canada and Australia have rich experience in this field. By analyzing the legal system, regulatory system and other supporting systems of these countries, the author points out the legislative experience that our country can learn from in this respect. The fourth part is to put forward suggestions to improve the food recall system in China. It is pointed out that the legal system of food recall should be improved from two aspects: the legal system of food recall and the relevant supporting measures. In the former, the legal system of food recall should be improved, and a clear regulatory body should be established. To increase the penalties for irresponsible unsafe food producers and regulatory personnel and so on; The latter is mainly about the construction of traceability mechanism of convenient food recall and the technical support of perfecting food recall, and the follow-up treatment of food recall which is built to prevent the problem food recall from entering the market again.
【学位授予单位】：河南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.16;D922.294
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