The Research On Legal Issues On The Chinese Agricultural Product Safety Quality Inspection And Testing System

In the passed few years,there are many qualitysafety event of agricultural products happened in China.Sars in 2003, "sanlu"milk powered trichloromelamine overproof in 2008, in the same time SiChuan province Guangyuan orange evildoers has founded,in 2009, "Nongfu mineral water"inspected has arsenic, posioned cowpea in Hainan in 2010. Those qualitysafety of agricultural product events have influence people's health and safety, and crushed government's credit.This is done serious disservice to our harminious society by qualitysafety event. By now, the quality standard and certification system has non-standard.qualitysafety inspection of agricultural products market is not mature, in theory, practice and legal system to prevent the quality of agricultural products are still unable to meet the needs of security incidents. Therefore, in order to strengthen the qualitysafety inspection of agricultural products, improve efficiency, safety of agricultural products to prevent or stop the development of the agricultural product qualitysafety of analyzing the basic theory, based on comparative analysis of foreign agricultural products qualitysafety inspection system of practical experience, combined with China's reality, a clear understanding of China's agricultural product qualitysafety inspection system, there's many problems and issues, specifically to strengthen and improve the qualitysafety of agricultural products inspection and testing system and related legal system is particularly important.In this research, the author analysis based of qualitysafety of agricultural product from law,economic,management and other related theory. Legal aspects use safety value theory, equal right to health and the right to development theory, the Administrative Law appropriate intervention theory, theory of sustainable development; economics costs and benefits of the use of the theory of asymmetric information theory; management aspects of the use of total quality management theory, on the other basic systems theory, multidisciplinary perspective on different issues of quality and safety of agricultural products a more comprehensive system of analysis for studies on the agricultural product quality and safety inspection, research legal issues to provide a theoretical basis.Secondly, focus on abroad and the internal parts of the relevant practical experience, after summing up the experience of foreign-related quality and safety of agricultural products on China's current system of inspection and testing institutes with legal issues based on inspiration, on the agricultural products qualitysafety inspection agencies, distribution, standards, trends and explore the reasons for the problems.thirdly, the allocation of resources and multi-part from the regulatory perspective on the detection of agricultural products qualitysafety inspection system to build. Proposal of building a ministry, province and county with three levels Resource Allocation of inspection and testing centers and multi-view, multi-link in the whole regulatory inspection system, in order to practice the formation of strong safety net for agricultural products, agricultural qualitysafety testing for the detection of regulatory agencies running smoothly, focus on the diverse responsibilities of the accountability system.Finally, legislation, laws and regulations related to System, the unified standard certification system, strengthening of the legal liability system, and the corresponding relief system to protect, as well as from the risk warning and build on related systems to ensure quality and safety of agricultural products inspection and testing system effective operation.Hope this research to provide government agencies or the legislature amending the law for future reference, and contribute to the domestic agricultural product qualitysafety inspection and testing system for the sustained and healthy development, qualitysafety of agricultural products for further inspection and testing system, standardization and legalization; good help for protect and promote people's health, and further build a socialist harmonious society.