Reaserch On Food Safety Law System Of Our Country

Food is a most basic need for material, and so the safety of food is directly related to the health and safety of mankind's body and life. However, continuous accidents of food safety happened recently, which bought fearful consequence toward consumers, society and our country. Amount all the factors that lead to the former safety accidents, the most fundamental reason is the defaults of our relevant legal system. And the defaults include the following three aspects as in legislation, law enforcement and judicature. Problems existing in aspect of safety legislations concerning food are that the present legislations are of laggardness, laws and regulations contradicted with each other, relevant legal systems parted company with each other, food safety standards faulted, etc; Problems existing in aspect of law enforcement concerning food safety includes that legislation, law enforcement and imposing punishment three dimensions in one, but multiple supervision, while without definite liability division in supervision organizations and punishment substituting for governance; and judicially, judicature system faulted have lead to the difficulties or unwillingness for the public to sue.In the food safety aspects of the legal system, the United States, the European Union and Japan have a lot of successful experience. They have established legislatively a perfected legal and regulation system and food safety standards, a risk analysis on food safety, a food traceability system and a food recall system. They have also settled up unified supervising organizations and put great emphasis on the participation of the public. With regard to their advanced experiences in these aspects, we should have the experience of The United America, the European Union and the Japan for our references. In order to solve these problems, we should start from present situation of our country, we should adopt Enforcement Regulation on Food Safety Law as soon as possible to legislate and regulate food from farm to table to perfect our legal and regulation system and food safety standards, establish a risk analysis on food safety and traceability system and a food recall system, while a procedural betterment should also be undergone. In the aspect of law enforcement, the relationship between central government and local governments should be well arranged, a supervising organization like a Food Safety Committee should be established so that the present supervising organizations can be well unified and a perfect supervising system can be established with its every bit of liability can be in charged of and a restrict but harmonious law enforcement environment can be constructed, in which the public are willing to participate. Judicially, in the hope of enhance the protection towards consumers, a system for class action and claims in small amount for compensation should be established either.