Legal Regulation Of Food Safety Study

The food safty issues cause public height attention in company with food resource be over development, food industrial scale enlarge rapidly, ecological environment be pollute seriously day after day and the event thick and fast occur that the malignancy event impact food security. Today's humanity history have intered a newness times. Along with the advances in science and technology, the development of society and the growth of people's living standerd, people not only require food nutrient enrich ,delicious, but also demand food's security and health. But now,the"dining pollute"status shocking by the sight. The food safety status cause human fear of it.The food safty problem have impacted seriously people's health and society's normal live,even endanger society's stabilization and national security. Therefore,it is very important for research this problem.For the moment, home and abroad's research mostly focus on food security regulation indigenous economics hypotheses, food safety information asymmetry and regulation's policy select,Legal regulation of food safety in consumers, producers behavior analysis.,Food safety legislation principle of the legal system and policy level description and analysis of government failure,but from the perspective of protecting the rights of consumers for food safety measures to the analysis of the very few. This paper tries to protect consumer rights from the point of view of food safety on the issue of legal regulation. Judging from the current existence of the problem of food security through its violation of the rights of consumers, such as the United States abroad, the European Union, Japan and other countries related research, conservation status for China's relevant that the corresponding perfect proposal. The full text is divided into six parts exposition.The first part is the preamble, mainly through the relevant research background description, as well as the situation at home and abroad to study the summary of the research paper by the theme from the perspective of consumer rights protection laws on food safety regulatory system, and explained the paper used research methodologies, explained that the law school, a comparative analysis of the legal and economic analysis of the methods of historical analysis.The second part is mainly on food security issues outlined. The concept of food security in a number of perspectives, the author through comparative analysis methods, they agree with the proposed concept and explain the reasons. In the current issue of food security in the description, summed up the four major issues, namely the contamination of food, food-borne diseases, food brought about by the new technology works a range of issues (such as genetically modified foods) and food labeling abuse issues, Lead and raised these issues is the main reason for the three sides, namely a large population; livestock industry is the cultivation, the source of pollution on the culture of food security threats become more and more serious, pesticides, veterinary drugs of abuse, causing pesticides in food , veterinary drug residues conspicuous problem of the three is subject to the imbalance in China's economic development constraints.The third part mainly on the issue of food security against the rights of consumers. In simple discusses the concept of consumers and their rights on the basis of the analysis made on the issue of food security against the rights of the consumers are mainly embodied in the three aspects, namely, the right to security (including the security of person and property rights), the right to know and the right to fair trade violations. After this also laid a foundation for improvement measures.The fourth part is theoretically find the need for the protection of consumer rights support. From the economics of consumer sovereignty, economic doctrine and social doctrine expounded on the three aspects. On the consumer sovereignty from Hayek to Adam. Smith's further development, From the economic circles of the academic field related to the theory of consumer sovereignty will come as a concept of the theory and practice of adjusting the policy, to follow the principle of consumer sovereignty, control and improper phenomenon that is still necessary conclusions. In the theory of economic law protection from the economic law of nature itself, the concept and function of the combination of the current food safety issues on consumers rights, economic development and social stability, the violation of consumer rights protection laid the foundation of economic law. In the social doctrine, mainly from the "community-based" proceed through to Kant, Rawls theory of justice as represented by the analysis, emphasized that social doctrine to reconcile the interests of the community and society, advocates of individual rights and individual interest restrictions, consumer protection legislation is in the interests of the community as the starting point, therefore, social doctrine is the idea of consumer protection legislation Origin conclusions.The fifth part is mainly outlined abroad (the United States, European Union, Japan) food security situation of consumer protection legislation. Relevant foreign protection system, the United States food safety laws for protecting consumer interests is relatively sound, of course, the level of their economic development are closely related. This article is from the legislative model, the legal system and the corresponding institutions, supporting facilities to conduct introduced, and it is also my view that we should learn from. The relevant in the EU system, the paper mainly from its historical development from scattered and food safety laws to a unified framework of the EU Food Safety Law the establishment, from members of the consumer protection laws related to the protection of consumer rights reunification the task, and concrete measures to describe, and I hope for the improvement of China's relevant system to draw on. The system in Japan, the main legislative style from one of the important legal and that "food safety law" as the focus for the review. Besides its "transgenic logo" My perfect for the consumer's right to know and the protection of the right to fair trade provides a reference.The sixth Part is on the basis of previous research on food safety in the perfect consumer protection legislation measures, and this is also discussed in this paper focus. First pointed out that China's current food safety consumer protection legislation and the status of the deficiencies, and then against the proposal insufficient to improve food safety in China the status of the consumer protection legislation, the paper mainly from the three areas discussed. First, respect the whole legislative system;The second is to protect consumers from the personal and property rights perspective;Third, the right to know and to protect consumers from unfair trading rights perspective.Then, we will improve our food safety system of consumer protection. This part is mainly from the legislative and executive two aspects to the elaborate. On the legislative front, before the main text of the address system defects, put forward the following four proposals, the first is to strengthen food security building of the legal system, legal system building food security; Second is to establish clear and uniform national norms and standards of agricultural products, the implementation of unified promotion food quality and safety of international certification third is the establishment of the food recall system to protect the personal and property rights of consumers; five sound transgenic food labeling system, the protection of consumer's right to know and the right to fair trade. These systems from the legislative level, further enriched food safety consumer protection. In terms of implementation, mainly from the administrative, judicial, social security, consumer protection and industry self-discipline on the five aspects: in the executive protection, increase penalties, establish and improve food safety management specialized agencies, the introduction of the accountability department leadership to resign; in the judicial protection, strengthening judicial protection, enhance the efficiency of consumer disputes, the illegal enterprises increased costs in social security, and give full play to the supervisory role of the news media in the consumer self-protection, strengthening consumer education, raise consumer awareness of IPR protection, and give full play to its supervisory role; Consumer self-protection, strengthening consumer education and raise the awareness of consumers rights, and give full play to its supervisory role in the industry self-regulation, education and training for food professionals, such as trade associations to play the role of intermediary organizations. These measures for food safety protection system with the implementation of certain significance. However, as the author's academic standards and information is limited, has not been able to further explore deeper level, the recommendations also quite superficial, which is the inadequacy of the paper.The main method used in this paper to explain science, economics, comparative analysis of the legal and economic analysis of the methods of historical analysis, the protection of consumer rights from the perspective of food safety law system study the issue and put forward their views.This paper seeks to innovation is mainly due to: First, topics, as the current research in the field of food safety, mostly concentrated in the policy level description and analysis of government failure, from the perspective of consumer rights protection to write food safety issues almost no Secondly, from different angles: legal philosophy, economics, in terms of economic law for the consumer protection system for theoretical support.