Study On Food Safety Administrative Inspection System

With the development of China’s political, economic and social and the further improvement of people’s living standards, our government also has attached much importance to the importance of food safety and has also taken a number of measures on food safety issues. But in parallel with the economic development in China, food safety related incidents and accidents are continuously increasing. In general terms, level of food safety in China is still not optimistic, and it causes public anxiety. From "Sanlu Milk Powder Incident" in2008to the recent "Waste Oil", these seriously affect the public health and safety. There are many causes for food safety accidents, such as quality of food producer and operator is not high, the self-regulatory functions of the food industry associations are not effective, food safety awareness of consumer is weak, the government’s regulation level of food safety is not high, and due to the characteristics of the food itself are different from other commodities, it is very difficult to manage their security. But the main reason is that China hasn’t formed a science and efficient food safety monitoring system which covers the whole area of food safety. Especially effective food safety administrative inspection system has not been built. Because some problems exist behind each food safety accident, like inspection of food safety administrative organs and personnel is not in the place, administrative personnel neglect their duty, etc. Food safety administrative inspection is that according to statutory authority and procedures, the administrative authority with food safety administrative inspection responsibilities which inspects the circumstances that the administrative counterpart whether comply with the national laws and regulations relating to food safety or not and perform specific administrative decisions. It is the core means of China’s food safety supervision. Food safety security should rely on normal administrative inspection, rather than punishment and blame after the food safety accident happened. Violations of organizations or individuals working in the food industry are currently widespread. Through the implementation of the food safety administrative inspection system, we can duly supervise administrative counterpart whether comply with the national laws and regulations relating to food safety or not, timely detect and deal with food safety pitfalls and violations of the administrative counterpart, promote the implementation of food safety laws and regulations. Under the special circumstances that social responsibility of organizations or individuals engaged in the food industry in our country is not strong, the food industry organizations are not advanced, public participation in administrative inspection for food safety is insufficient, we must rely mainly on the implementation of government administrative inspection to guarantee food safety. Thus, the food safety administrative inspection is the primary means of finding food safety violations at this stage, and which guarantees the food safety. The food safety administrative inspection system is also an important way to make up for the lack of market economy.This dissertation builds a framework of food safety administrative inspection system and addressed from the following six aspects. These are overview of food safety administrative inspection system, legislation system of food safety administrative inspection, food safety administrative inspection system, food safety administrative inspection procedures system, food safety administrative inspection ways, and supervision system of food safety administrative inspection. It interprets food safety administrative inspection system mainly from the legislation and law enforcement.Chapter Ⅰ, the overview of food safety administrative inspection system. First, this dissertation makes a definition of concept of food safety administrative inspection, and categorizes food safety administrative inspection according to different standards. It points out that food safety administrative inspection have the characteristics of authority, mandatory and independence, and analyzes the differences of the concept of food safety administrative inspection and other related concepts. Secondly, it runs through the history of the origin and development of food safety administrative inspection system. Finally, it analyzes the necessity of further strengthening food safety administrative inspection system from the three visual angles of making up for market failures, risk prevention and protection of public rights, which further describes food safety administrative inspection with the important status in China’s entire food safety inspection system.Chapter Ⅱ, the discussion on food safety administrative inspection legislation system. To begin with, status and lack of China’s food safety administration inspection legislation are analyzed. Advanced legislative ideas of legislation system of foreign food safety administrative inspection system, comprehensive legal and regulatory system, and focusing on timely modify and supplement of laws and regulations and food safety standard should be learned from. China should further update legislative ideas of food safety administrative inspection and perfect the laws and regulations of food safety administrative inspection.ChapterⅢ, the statement on food safety administrative inspection system. First of all, introducing the subject and purview division of food safety administrative inspection, and summarizing existing lack in China’s present inspection system of "section inspection is main, variety inspection is minor". There are three different kinds of food safety administrative inspection system in the world. Building up "a single inspection system" is a trend. Now China has decided to implement the "relatively single inspection system". To advance the implementation of the "relatively single inspection system", China should perform the coordination function of the food safety commission, strengthen operational coordination between the different administrative organizations, and integrate and optimize the resources of food safety administrative inspection.Chapter Ⅳ, the statement of food safety administrative inspection procedures system. The implementation of food safety administrative inspection requires the backing of unified and standardized procedures and is carried out in an orderly manner. For not standardized issues of food safety administrative inspection process, this chapter analyzes realistic significance of regulatory food safety administrative inspection procedures and proposes some suggestions, such as perfecting different segments of food safety administrative inspection procedure, improving transparency of food safety administrative inspection information, and paying attention to protecting the information of the person who is under the inspection.Chapter Ⅴ, the discussion on food safety administrative inspection way. Broadly speaking, there are three inspection ways for food safety administrative organizations. They are inspection ways which administrative organizations execute, public participates and food industry associations participate. Our country currently more focuses on the inspection of administrative organizations, and ignores the self-discipline of food industry associations and the public participation. Other countries’focusing on self-discipline of food industry association and public participation should be introduced to China. China should improve inspection way of administrative organization, strengthen self-discipline of food industry association, and increase public participation. Through the implementation of various inspection ways, the atmosphere which whole society involved in food safety inspection will be created.Chapter Ⅵ, the statement on food safety administrative inspection supervision system. Through perfecting food safety administrative inspection supervision system and strengthening supervision on food safety administrative inspection organizations and personnel, positive function of food safety administrative inspection system could be played. Therefore, China should strengthen the internal supervision as well as external supervision and make the two supervisions complement each other, and promote that administrative organizations and personnel execute food safety administrative inspection in accordance with law.