消费者参与食用农产品召回的路径研究

Consumer Participation in Recall of Edible Agricultural Products

食用农产品召回面临经营者主动召回不足和行政机关责令召回时效滞后两大困境。有学者提出以消费者参与尤其是起诉来敦促召回,但梳理司法判例发现,起诉召回影响力微弱,诉讼不宜作为消费者参与食用农产品召回的首选途径。发挥消费者协会的群体力量、招募专家消费者参与召回立法、由消费者协会代替个体消费者监督召回过程,路径更为可行。为给消费者协会参与召回实施提供资金保障,有必要令召回义务人预留民事赔偿准备金,以备付召回期结束后消费者求偿,从食品安全行政罚款中协调预扣资金,与准备金余额一起专供消费者协会招募专家消费者参与召回立法。

The recall of edible agricultural products is faced with two major difficulties: one is the insufficient voluntary recall by operators, and the other the time delay of mandatory recall by administrative authorities. Some scholars proposes to urge the recall through consumer participation, especially through prosecution, but judicial precedents show that prosecution does not work well, so it is not the first choice. What is more feasible might be to give play to the strength of consumer associations, invite expert consumers to participate in the recall, and replace individual consumers with consumer associations to supervise the recall process. In order to provide financial guarantee for the participation of consumer associations in the recall, it is necessary to ask the recall obligor to prepare civil compensation reserve in advance and pay for consumer claims after the recall. Besides, it is also necessary to use the withholding capital from food safety administrative fine, together with the remaining reserve, to help consumer associations recruit expert consumers to participate in the recall legislation.