The Research On China's Food Safety Regulation Mode And System

In recent years, many food safety incidents have erupted, particularly the storm caused by SARS in 2003 was the most influential and powerful. Not only part of the citizens of the health right and the life right were damaged, but also the whole society was in a extreme panic. And just in this year, food safety received the special attention. The government launched the reform of food safety regulation system and established the integrative regulation mode that mainly followed the rule of stage regulation and secondly followed the rule of breed regulation in 2004. However, China's food safety regulation is not ripe at this stage. Many sectors and location have not yet been clarified. For example, the theoretical basis for regulation, how to assign power for regulation subject and the relief system to resolve the relevant disputes. As of today, China's food safety regulation of the legal system is still unable to prevent food safety incidents. In order to strengthen food safety regulation and to improve the efficiency of regulation to prevent or even eliminate food safety incidents, this article analysis on the basic theory of food safety based on comparative analysis of the domestic and international food safety control mode with China's realities, right on the main food safety monitoring of China's food safety regulation system and the construction of key research the "entity of three regulators" mode of monitoring.Firstly, the author analyzes the theoretical basis of food safety from the economics, management and law. The economic basis of the food safety regulation includes "supply and demand", "cost and benefit" and "asymmetric information". The management basis of the food safety includes "organization of management theory", "administrative and accountability theory" and "theory of risk management". The jurisprudence basis of the food safety includes "value law", "rights law" and "government intervention". That has consolidated the theory basis of food safety regulation.Secondly, it is need to inspect the major developed and developing countries' food safety regulation, the legal system and the practical functioning. Comparative analysis of our country's current regulatory situation, it will come to the following experience enlightenment: organization system tends to become inspection from dispersing all together. They have the independent organization being in harmony supervising right operation. Right duty assigns rational inspection, central authority and the local variety harmonize mechanism. It is need to set up the safe appropriate amount food detecting personnel in the local place. This experience has significant drawing lessons to improve the integrative mode of food safety regulation.Thirdly, according to regulators, the author is going to construct the new regulation mode from. Learn from the experience of abroad countries, based on full consideration the national conditions, government regulation as a guide, make great efforts to cultivate the middle social strata to actively encourage public regulation, the government--the public--the middle layer of the three-dimensional mode of food safety regulation. Food safety aimed at forming a solid, and promote food safety monitoring work smoothly. According to state power, social power and the rights of the individual against the corresponding allocation of the main regulatory authority (right) monitoring the main subjects of civil liability. Analyze of administrative and criminal responsibility.Finally, the author designs a legal system of food safety to ensure the regulation mode practicing effectively. From the whole idea, a comprehensive legal system for monitoring needs to meet five basic requirements, that is complete and whole, openness, convergence and regional coordination. From the specific idea, it is need to perfect eight substantive law on the legal system and procedural law of the relief system. Eight law systems of substantive law means: from passive to take the initiative system of industry self-regulation, from ambiguity to clear the responsibility of the government restraint system, from the loss to improve the credit system, from disorderly to orderly standard system, constantly advanced testing and monitoring system, the legal system of continuous risk analysis system, constantly transparent information disclosure system and the continued efficient emergency response system. On the procedure law, the author stresses the public interest litigation system except the traditional justice relief system and makes a preliminary design from Prosecution of relevant qualifications, the scope of case, the burden of proof and litigation cost.The study is to provide the local government unit as a reference for future legislation or amend the law and contribute to the sustained and healthy development of domestic food safety regulation.