| Risk society is the inevitable result of the development of modern society. The foodsafety problems under risk society are the most typical problem to public attention in modernsociety. Considering food safety problems under the background of risk society can moredeeply reveals the deeper issues of food safety. Food safety problems in China has become ahot spot and concern because of its multiple universality and gravity in recent years and,scholars have devoted considerable effort, but on the whole, there is always a superficialinterpretation of the surface in a single sense. Food safety problems, closely relating to the lifeof people, life and health, should not just be a simple, decentralized, isolated response, butshould be discussed and analyzed in the aspects of theory, system and practice deeply, inorder to solve the complex problem in reality.China’s food safety incidents occurred constantly, from the earlier "Big Head Doll "event,"Sudan red " event in recent years to "melamine" incident,"waste oil" event,"Clenbuterol" events, and "Fonterra Dairy "event, which all stimulated the nerves of the public,and caused harm to the public. In order to solve the influence of bad events, experts andscholars all have proposed a variety of countermeasures, suggestions. Although many of thosearguments are incisive, mostly on matter-single inquiry, not on a systematic engineering incertain circumstances, and often the implementation of one measure may affect the effect ofthe other measures. The main reason is that research methods have erred. Therefore, researchon food safety issues must proceed from the macroscopic background, with integrated,connecting, comprehensive way of thinking, using different theoretical of subject knowledgeand carry on the systematic research.Based on the above understanding, in the essence of predecessors, removing theirinherent deficiencies, on the basis of law, economics, psychology, sociology and otherdisciplines of knowledge, using theory research, empirical research, comparative research andsystematic research methods, this dissertation attempts to provide a comprehensive analysison the food safety problems from different angles, and put forward new ideas different to thetraditional understanding, more realistic conclusion, to correct some of specious "mainstream"on food safety issues, and to provide more perfect comprehensive countermeasures on foodsafety in China, directly or indirectly.the full text is divided into six chapters. Chapter I------Introduction to food safety issues under context of risk society theory.From the basic theory of risk society, the dissertation examines the basis and reasons for risksociety and reveals that risk society is the result of joint action of the political basis, economicbasis, social basis and technological basis, and risk society is the inevitable trend ofdevelopment of human society and inevitable historical stage. The dissertation tells thatliving in risk society, we must always firmly establish the awareness of the risk society,focusing on risk prevention and mitigation. Our country is in dangerous and sensitive periodof risk society and risks between the rich and the poor caused by unbalanced social andeconomic development, mass incidents risks caused by opposition between public and privaterights (power) during the period of transition, inefficient risk decided by uncompletegovernment reform, and adverse risks by traditional economy increase, etc may outbreak inconcentration. The risk of capitalist society is not far away from us, therefore, observing therealistic problems guided by the theory of risk society is of practical instructive significancefor understanding the various existing social contradictions.Chapter II----Fit the food safety risk society theory and related problems. The theoryand system of interdependence, the relationship between theory and system, scientific theoryis the source and basis for the system construction, system if there is no scientific theory asthe guidance, it is obscure and rigid dogma, not only can not get people’s true identity, butalso to become the public behavior and abide by the "highest criterion". Combining the foodsafety problems and related theory, based on the theory, the theory of refinement and the foodsystem organically fuses in together, play the guiding role of theory in practice, providestrong support for the system construction, is the study of the food system must choose andfeasible path. And food safety related theory mainly includes two aspects: one is the basiccivil rights theory, the two is the theory of social development. The basic right of citizens,including the right to life, health, rights, protect the basic rights of citizens must be built on asolid material basis, and the core material basis and fundamental for the survival of mankindfood, therefore, cannot be viewed in isolation simply food safety problems, food safetyproblem is equivalent to the ordinary commodity quality event must be up, food safety andhuman rights, increase food safety to the height of human rights, resolve to help raiseawareness of food safety and food safety. At the same time, food safety is a part of socialsecurity, food safety in China has evolved into a serious social problem, in the process ofChina’s economic and social development, to achieve scientific development and harmonious society cannot be separated from the food safety basic environmental improvement, only inthe joint efforts of government, enterprise, citizen next, in order to solve the problem ofhuman face both, democracy and the rule of law, fairness and justice, harmonious socialstability and orderly pursuit, must be established on the basis of the basic living security, theessence and the connotation of food security and social development theory exist agreementcan not be split.Chapter III----Analysis of food safety problem of multidisciplinary. Food safety issuesare not only legal issues, but also comprehensive issues involving economics, political science,sociology, psychology and other related fields. Therefore, research on food safety issues cannot be confined to a particular analysis from single subject, or research from a singleperspective may draw the right conclusions, but inevitably biased, and we can not understandthe whole issue of food safety. In order to solve the deficiency by traditional single-disciplinary research, we need to carry on the research on food safety issues from broaderrange, from different perspectives, to draw a more rational and comprehensive conclusion.From a legal perspective, food safety issues are related to the legislative, executive andjudicial issues, and China’s food safety issues are closely related to imperfect laws, laxenforcement, defected litigation mechanism and other issues. From an economic perspective,we can find that the reasons that food safety issues can not be cured are the inner drive of theinterests, due to the low cost of the offender while reaping huge profits, the high cost oflitigation on identification of unsafe food, higher implementation costs for rights, and thesehave severely restricted the enthusiasm of consumers for rights, produced adverse selectioneffect breaching market rules. The solution is to increase the cost of illegal behavior andreduce cost of rights. From a sociological perspective, food safety issues affect social order,relating to social stability. Our country is in a specific period of social transformation,distortions of urban-rural dual structure has important implications on food safety issues,unfairness and gaps among residence, employment, social security, education and otheraspects result in a distribution center as counterfeiting in rural, rural food securityenvironment will not be effectively improved. From a psychological point of view, thesubjects of food safety stand in their more or less incorrect, unhealthy state of mind. Foodproducers and traders hold a fluke, laissez-faire, mercenary state of mind, seek to obtainbenefits regardless of basic social morals. Consumers are always in a vulnerable victimmentality to face frequent occurrence of food insecurity, but also placed himself trampled situation so that manufacturers can produce unsafe food unscrupulously. Food safetyregulators facing increasingly serious food safety issues always have an excuse that the lawsare unclear or unknown, lack of regulatory power, prevarication delays, negative response,while allowing unsafe incidents. Psychological state of dislocation cause unsafe foodincidents commonplace norm. In accordance with the principles of natural science, naturalscience has two sides and uncertainties, on one hand to promote economic development andscientific and technological progress, on the other hand it may also cause some harm becauseof improper use. Dealing with food safety issues should be on a deep understanding ofscience.Chapter IV------The research of our current food safety legal system deficiency. China’sfood safety problem is the lack of security system of the reflection of reality, because of thelack of institution supply, leading to the governance of food safety it is difficult to form aneffective mechanism of fundamental, especially in the transition of the market system, thesystem not the old exit, the new system is not established or are in the process of theconstruction, the negative effect of friction of the new old alternate generation directlyinfluences the effect of food security, China’s current legal system and the public on foodsafety requirements far, from look on the whole, the main performance is: one is the legalsystem is not complete lack of advanced concept of "food safety" command; two is thedistribution of food safety management authority and the exercise of chaos; three is the legalliability provisions. In the specific legal system, the main problem is: one is the lack ofself-discipline of enterprises system; two is a food additive management; three is the foodsafety standard backward; four is the credit system is not perfect; five is the legal liabilityprovisions. Starting from the current food safety laws and regulations, carding, analysis,review its insufficiency, for further improvement of legislation, plug the loopholes, is ofpositive significance.Chapter V-------Purpose of food safety regulation in the risk society. The complexity offood safety decisions requires comprehensive regulation, simple additive synthesis andregulation of food safety is not the specific measures and listed, organic whole but has certainlogical connotation of interrelated, in this whole, should be included as specific actionsdirected the common idea, common principles and methods must be to achieve idea andprinciple, to unify the main implement comprehensive regulation of the beginning, become acomprehensive regulation of food safety of the soul, a philosophical basis of the basic value pursuit for guidance, connotation will be comprehensive regulation of food safety has richcontent. Comprehensive regulation of food safety in China should set up a food safetyconcept, motivation theory, public participation in the concept of balance of interests, theservice concept, prevention responsibility idea and strict laws, and as a guide, make foodsafety first became common creed production operators and consumers, the government.Starting from the situation of our country, improve the cohesion and coordination betweenfood safety law,"food safety law" to improve the operability, the whole principle, theprecautionary principle, the principle of risk analysis, the basic principles of the principle canbe traced throughout the food safety laws and regulations system existing in our country, tofill gaps in legislation the legal system of food safety, to create China characteristics.Chapter VI----On the construction of comprehensive security system of food safety. Theseverity and complexity of food safety problem calls for a perfect guarantee mechanism ofrapid construction, improvement and innovation, establish a comprehensive security system tolegal system as the core, can efficiently solve the long troubled government departments, foodsafety problems caused public panic, food security mechanisms to form China characteristics:Public Participation system in essence, would entitle non-specific public thesupervision of illegal acts, a constitutional supervision will be reflected in the food safetysupervision system, to act as relief to the lax enforcement of the law enforcement agenciesand acts of impunity. In the market economy, everyone is the best judge of their own interests.When they can protect their own interests, it is advisable to for them to protect their interests,the mission of law is to set systems for the parties to protect their interests, rather than makearrangements for them or even to deprive them of their rights with the public authority andsocial order as an excuse. Meanwhile, difficulties of the lawsuit claims also hampered theenthusiasm of consumers. Public participation system shall allow people who are notspecific to claim to the government management departments, under the auspices of thegovernment departments to deal with food safety cases, to uphold the legitimate rights andinterests of consumers, also to punish the offenders.Transparency of information is the foundation and necessary condition to solve thefood safety problem, therefore, the establishment of food safety information conductionmechanism is helpful to solve the market failure of food safety problem. In the market withopaque information and asymmetry, the parties are unable to make the right choices for their own act. To improve the efficiency of the market, we must use legal means and measures;improve the information disclosure system, let information play a greater role.For a long time, China’s food safety compulsory insurance system is in a blank state.There is no stipulation of insurance in relevant law and there is no legal basis, therefore, whenthe food safety accident occurs, people often rely on government forces to solve, and it isdifficult to obtain the satisfactory effect. The establishment of compulsory food safetyliability insurance system helps to strengthen the basic function of insurance, to strengthen ofthe responsibility security of the victim, and to ease the financial burden of the government.Therefore, vigorous efforts should be made to strengthen the legislation of compulsoryinsurance food safety responsibility, to improve the national or local regulations, industryaccess system, to include the compulsory liability insurance system of food safety in therelevant laws and regulations.The role of disposal system after the food security incidents with traditional regulatorygovernance as the core is increasingly challenged. The irreversibility of the lives of sufferingcitizens and specificity of food safety determine that we must construct "protective wall" onthe basis of improvement of punitive legal system of food safety risk prevention, theregulators, consumers and producers and operators have the obligation to change inherentthinking mode, and get out of the "confrontation, penalties, claims, prevarication" dilemma,under the guidance of the concept of prevention, work together to build the legal system offood safety precautions on common interests and change pattern of afterwards disposal, toachieve a win-win of prevention. Prevention system is helpful to get rid of the currentsituation of passive and afterwards food safety management, to get into a positive, active,beforehand, preventive health situation. Under the China’s grim situation of food safety, wemust get out of the "regulatory failure "," Law failure "," market failure "dilemma, eradicateundesirable elements of food safety hazards, take preventive measures to form a goodmechanism.Food recall system has been proven in foreign country’s food safety management.China’s "Food Sanitation Law" promulgated in1995first proposed the concept of food recallsystem, and the "Food Safety Law" promulgated in2009China clearly provides that the Stateshall establish food recall system, so that the food recall system has been further improved.However, this system has encountered great obstacles in its implementation, because ofdefects of our food recall system. Therefore, according to China’s reality, we need to further improve the food recall system, meanwhile, handle correctly the relationship between therecall and compensation, recall and punishment, as well as the responsibility of thesubjects of recall, so that the food recall system can play a more important role.Publicity of food safety and the vulnerable position of public require public interestlitigation. The absence of Public interest litigation system of food safety and real concern offood safety are disproportionate, therefore, with the overall concept of public interestlitigation as a guide, to meet the public expectations of establishing public interest litigation inthe field of food safety and actively to explore the practical operation of a unified publicinterest litigation path, is to build a public interest litigation system with Chinesecharacteristics are the right choice. Establishment of public interest litigation can promote thefairness and justice, improve food security environment, realize the judicial relief of rights,and protect the legitimate interests of victims.China’s grim situation of food safety and imperfect food safety laws require adjustingand modifying the concepts, principles and the specific form of liability of the legalresponsibility, to make the legal liability system of food safety carry on the function of guide,preventive, punitive and relief, to change chaos in the process with appropriate form ofliability. The establishment of food safety responsibility system need to carry out the principleof severe punishment, the punitive damages, protecting victims, the combination of strictliability and no fault liability, to define responsibility subjects, the criminal responsibility asdeterrence, economic responsibility as the main body, civil, administrative responsibility forauxiliary, improve traditional responsibility, innovate new responsibilities, with mutualconnection among different forms of liability, to construct the organic strict liability system. |
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