我国食品召回制度的运行现状及完善

发布时间：2019-06-10 18:58

【摘要】：食品召回制度作为一项操作性强的制度在保障食品安全方面发挥着重要的作用。目前,我国食品召回制度已基本建立,但亟待进步完善。食品召回制度是以保障公众人身安全健康为目的,企业和政府监管部门在知悉进入流通的食品存在可能危害消费者健康安全的缺陷时,应当将缺陷食品下架或做其他处理措施,如退换、赔偿、补偿等,以消除缺陷食品危害风险的制度。我国食品召回制度实施过程中存在食品召回具体标准不明确、食品召回体制混乱和食品召回制度配套措施不健全等问题,这是由于食品召回制度立法不完善,监督机制存在缺陷以及法律责任较轻等原因所导致。通过分析美国、澳大利亚食品召回的责任主体、等级与程序以及欧盟食品召回的监管部门和监管系统,总结得出国外食品召回制度对我国的启示,即完善的食品召回制度需要健全的法律法规体系、单一部门管理的监管模式、明确的召回分级、可操作性强的召回程序以及严格的法律责任。完善我国食品召回制度首先需要完善我国食品召回制度的思路创新,即以法律的形式确立食品召回制度,建立完善的信息交换制度,与其他保障食品安全的措施相辅相成,同时以科学技术支持食品召回体系。其次,要在立法上完善我国食品召回制度,即逐步补充完善立法空白,构建有效的食品召回管理体系,确立不安全食品等级和召回等级,细化食品召回方式和健全食品溯源制度。再次,要完善我国食品召回制度的配套机制,即建立食品安全国家赔偿保障基金制度,设立食品强制性责任保险,强化企业社会责任,建立和完善食品安全标准和安全检验监测体系。
[Abstract]:As an operational system, food recall system plays an important role in ensuring food safety. At present, the food recall system in China has been basically established, but it needs to be improved urgently. The purpose of the food recall system is to ensure the personal safety and health of the public. When enterprises and government regulatory departments know that there are defects in the food entering circulation that may endanger the health and safety of consumers, they should remove the defective food from the shelves or take other measures to deal with it. Such as refund, compensation, etc., in order to eliminate the risk of defective food hazards. In the course of the implementation of the food recall system in China, there are some problems, such as the unclear specific standards of the food recall system, the confusion of the food recall system and the imperfect supporting measures of the food recall system, which is due to the imperfect legislation of the food recall system. The defects of the supervision mechanism and the light legal liability are caused by the defects of the supervision mechanism. By analyzing the responsible subjects, grades and procedures of food recall in the United States and Australia, as well as the regulatory departments and regulatory systems of food recall in the European Union, this paper summarizes the enlightenment of foreign food recall system to China. That is to say, the perfect food recall system needs a sound system of laws and regulations, a single department management supervision mode, a clear recall grade, an operable recall procedure and strict legal liability. In order to perfect the food recall system in our country, it is necessary to perfect the train of thought innovation of the food recall system in our country, that is, to establish the food recall system and establish a perfect information exchange system in the form of law, which complement each other with other measures to ensure food safety. At the same time, science and technology to support the food recall system. Secondly, we should perfect the food recall system in our country in legislation, that is, gradually supplement and perfect the legislative blank, construct an effective food recall management system, and establish the unsafe food grade and recall grade. Refine the way of food recall and improve the system of food traceability. Thirdly, it is necessary to improve the supporting mechanism of China's food recall system, that is, to establish the national compensation and protection fund system for food safety, to set up food compulsory liability insurance, and to strengthen corporate social responsibility. Establish and improve food safety standards and safety inspection and monitoring system.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：F203

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