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Research Of Food Safety Supervision In View Of Consumer Protection

Posted on:2012-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LuoFull Text:PDF
GTID:2166330335456021Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
"People think food is the most important thing, and the most important thing about food is safe", food safety is the national problem, it is an important thing in the process of national economic development. Facing the ongoing food safety problems, the government promulgated Food Safety Law in 2009, this solution to current food safety is a dose of medicine, but in the process of implementing still have a lot of problems. Therefore, to perfect our country's food safety supervision, to strengthen the protection of consumers is a realistic significance to the high-speed development of economic and establishing an orderly market economy.This article bases on Food Safety Law and Law of Protection of Consumer Rights, analyzes the problems and draws lessons from experiences of developed countries just like the European Union and America, then gives advices on perfecting our country's food proposed rules.First, part one of this article analyses the necessity of food safety monitoring for protection in the food consumers from a theoretical perspective. Consumers are at an informational disadvantage in food safety regulatory, consumers and food enterprise information learned inequality, which cause food consumer rights had been violated. From numerous food safety accidents we can find that the security right of consumers is not protected well. When the food consumers'rights are violated, relief difficulty has been confused consumers a difficult problem. Because consumers'force is weak, the realization of their rights is more dependent on food safety supervision.The second part focuses on consumer protection, analyzing present situation of food safety monitoring. According to the provisions of Food Safety Law, our food safety supervision is mainly piecewise regulation. But in the process of implementing still have many problems, our food safety supervision chain is too long, subsection regulatory causes mutual shuffle regulatory responsibilities. It makes consumers'relief costs increase, against the protection of consumer rights. Meanwhile, in food safety regulatory process exposed that the food safety risk early warning mechanism is not mature enough, unsafe food recall system is inadequate, the problem of how to allocate burden.The third part introduces the European Union and the United States in the food safety supervision and protection of the food consumers system. They established strict legal system in protecting the food consumers'rights, such as the European Union's "food safety green paper" and "food safety white paper", etc. The European Union and the United States have established mature regulatory agencies, just like the European Union's food security, independent evaluation institutions; America is mainly on classified regulation of food the supervision system.The fourth part based on the comprehensive analysis of the above three parts, proposed suggestions on perfecting the legal system of food consumer protection. Perfect food safety information supplying system, Regulators establish authority information platform to strengthen the communication with consumers; Perfect food safety information disclosure system, makes supervision process more transparent. We should improve food safety monitoring system, and improve supervision department credibility, because credibility is the affirmation of the power of supervision department and the balance of consumer's interest guarantee for food. We should establish a uniform food safety monitoring mode, because it's more conducive to improving regulation efficiency. Perfecting food consumption risk prevention, strengthening the food safety risk assessment warning mechanism, prevent unsafe food problem. Improving food safety recalls system to prevent greater harm caused by unsafe food. Cultivating the food consumers' rights consciousness, making the consumer understand the solutions of food security problem, safeguarding their rights actively, because that food safety monitoring is not only the responsibility of supervision department, but also consumers should be one of regulatory participants. Raising the status of Consumers' association, coordination the relationship between consumers, enterprise and the supervision department better, promote the harmonious development of the society. Perfecting punitive compensation system, which makes the rights of consumers get security, contains unsafe food problem in the meantime.
Keywords/Search Tags:Consumer protection, Food safety, Supervision
PDF Full Text Request
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