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A Study Of Legal Liability Of Food Safety Regulator

Posted on:2012-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2166330335968484Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The introduction of the PRC Food Safety Law makes food hygiene leave from the stage of history, and people become familiar with the word food safety. The governments and consumers are concerned about the food safety as a major social issue, the regulation of food safety also have a long history. It is the government's solemn commitment to the community. The use of administrative enforcement to implement food safety control is understandable, but for various reasons, food safety regulators may be dereliction of duty, which indirectly provide a convenience for the production of unsafe food. In order to contain food insecurity, we should set the legal liability for food safety regulators, make them fear and then help them do a good job of food safety regulation.The combing of legal liability of food safety supervisors is important for the theory, practice and future legislation. Thus, after defining the basic concepts such as food safety, food safety regulation and legal liability, we give a formal definition of legal liability of food safety regulator. Then based on their subject, the liability of food safety regulator is divided into liability and personal supervision of food safety laws responsibility. The reason for food safety regulators of liability is the pursuit of "natural justice" of law and the Requirements of the ideal model of modern social and legal change in the "responsive" legal order.Power comes with liability. The existing food safety regulatory organizations on one hand enjoy many terms including the right of detection and monitoring under the law, and they on the other hand should bear corresponding responsibility. In western countries, food safety regulatory organizations have scientific and clear legal liability. The regulatory liabilities are specific by law and judicial means is applied to ensure the fulfillment of administrative liabilities. We can learn from their practice. Studying China's food safety regulatory body for the legal liability legislation, we know that there are many problems like re-authorization, light duty, the unclear liability and multi-sectorial issues. Therefore, the integration and defining of the liability of food safety regulatory organizations, improving the legal system are imperative. In addition, victims of food safety incidents cannot receive state compensation through the proper channels, even if the victims are result from the negligence or misconduct of food safety regulatory organizations. Therefore, we should build the state compensation of food safety regulatory organization.Food safety regulatory organizations and food safety supervisors are the relationship between the overall and individual. Food safety regulatory organizations who are the implementer, if not the responsibility to constraints, while allowing its enforcement, are likely to let the the real power as a weapon against the people, so the full legal responsibility should be set, from the traditional administrative responsibilities, such as criminal to the crime of dereliction of duty no responsibility for the economic damages, the liability provisions from the existing departure and found defects in the legislation and proposed Your perfect proposal.Scholars studying the legal responsibility of food safety regulators focus more on the administrative responsibility, political responsibility, or resignation, etc, and there is no integral perspective to comb legal liabilities of food safety supervisors, which is indeed a missing. This article systematically combs the liability of food safety supervisors from the perspective of administrative liability, criminal liability and compensation liability. It is hoped that more scholars can probe deep into this issue.
Keywords/Search Tags:food safety, regulatory organizations, supervisor, legal liability
PDF Full Text Request
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