On The Government Supervision Of Food Quality

In recent years, along with food production, sales process counterfeit harmful contamination of the increasingly serious problems, which causing the foot-and mouth disease, bird flue, fake milk powder ,such vicious incidents have occurred in many countries and regions. Not only affect people's health and safety of life, but seriously hindered the development of national economy and social stability, therefore the government should strengthen supervision on food quality effectively. For the study in food quality of government supervision, although there have been many scholars studied and discussed ,but the researches based on the administrative law are rare, even in the limitation of space is analyzed only from some aspects lacking of the self-evidence comprehensiveness and systematic. Therefore, making certain of the government supervision of food quality is its necessity, and on the basis of further analysis the current problem existing in the government supervision and referring to the existing problem and put forward the feasible suggestions and the important significance, meanwhile promoting the work of the government supervision of food quality continually into realm.This article mainly from the four parts of food quality government regulation is expounded:The first part, the government supervision of food quality. Firstly, the definition of the government supervision. The government supervision is widely applied in economics, law, etc. But its connotation is different, this part of study of scholars on it at home and abroad are introduced, and pointed out the regulation law stipulated in the perspective of administrative law that mainly focus on the government behaviors, and the government enterprises and consumers among the power and the obligation relation, and at the same time, on the basis of scholars study, the author thinks that the government supervision should be referred to the regulatory process, the specific administrative agencies authorized by laws and administrative relative supervision ,the behavior in illegal or improper ,then shall bear legal responsibility of supervision. Secondly, for the in-depth analysis government supervision of food quality based on the theory basis in accordance with the public interest theory, the theory of prisoners , public choice theory, the administrative responsibility for food quality four aspects of the theory of government regulation providing theoretical guidance. thirdly, the power and responsibility of the government supervision of food quality. This section base on the new issued "the food safety law" to adjust the food quality supervision system to be microscopic, the regulators authority has also carried on the basis of further revision ,summarizes the regulators in food quality supervision exercised by the regulatory authority and perform regulatory responsibilities.The second part, the necessity of government regulation of food quality this section is designed to answer why the government supervise the food quality.this problem mainly from there aspects to demonstrate the necessity of the food quality supervision.on the one hand, make up for the market supervision failure in the competition,the enterprise and the consumer information completely equivalent conditions ,market in resource allocation can be reasonable according to the survival of the economic law and effective operation .but the market is defective and easily generate "market failure" ,this kind of phenomenon is usually due to the existing information asymmetry and externality ,monopolized competition and other reasons .this section focus on the "market failure" caused by the information asymmetry The author thinks that is to the consumers because of not getting the equivalent enterprises food quality information, also caused the damage to the interests of consumers is the most direct and the fundamental reason. It is illegal for enterprise based on this point for their illegal ACTS on the legal, gain the profits and ignore the consumer's right and interests. Therefore the government needs to take feasible effective food quality supervision and correct the 'market failure' phenomenon. Second, the necessity of responsibility of the government. The established responsibility of the government is that not only realize the establishment of modern state under the rule of law, but also fundamentally solved food quality status.This section, discusses the responsibility of the government in the construction of meaning, the meaning of construction of responsible government and realization of responsible government is the fundamental demand, on this basis, leading to monitor food quality of realization of responsible government is the inevitable requirement. Third, helpful for regulating object of supervision, in our country, consumer, industrial association, society and government constituted food quality supervision system, this section is mainly from the regulation body on consumers, enterprise, industrial association and the society of food quality supervision, points out limitations existing in the supervision body, while can not supervise the food quality effectively, through comparison and analysis, relative to other government regulation subject in regulatory powers, professional technology, information collection and processing ,etc, and the advantages of the government in the food quality supervision can draw its possessed importance.The third part, the analysis of the Chinese government supervision of food quality, this section describes our food quality supervision system of government history in chronological order. Meanwhile, through " SanLu milk powder"incident, mapping the regulatory system, regulatory basis, regulatory processes that analyze the existing problems in food quality system, through the analysis is in the regulatory system aspects in China.,China on regulators preliminarily already established with "section regulation , variety regulation" supervision system ,but the supervision in practice still exist many executive bodies, vacuum of supervision ,slacker enforcement. In the regulatory basis aspects in China ,though the 'law food safety law ' has been made and made great contributions to ensuring food quality in the law, such as established the national food safety committee, risk monitoring and evaluation system, the unified national standards, abolished 'inspection-free' system , established food recall system like 'new line' , but still exist not well in the legal applicability and operability ,the penalty intensity is not enough .In the regulatory processes aspects in China, this article does not conduct research on specific supervisory procedures to select information of interest to people of the analysis of the open system, the main system, there is the absence of information disclosure and transparency in the problem of inadequate.base on the current supervision system defect analysis that pave the foundation for the related countermeasures in the ensuing part.The fourth part, perfect the government supervising measures on foodstuff quality. Based on the research before, and through analyzing governmental supervising measures of food quality in western developed countries, and comparing with China, the author sums that the western developed countries have built up an unit and efficient regulator, First, establish and improve the quality of food regulators and realize full supervision .After the new "food safety law" was enacted ,the food safety committee has been established as the comprehensive coordination department on the basis of original regulatory system. However those can hardly realize the whole purpose ,only by strengthening the supervision and regulate of food safety committee ,and establishing power central to local vertical management of food committee can we realize the wholere gulatory commission, and called on the eventual realization of a centralized regulatory body, and gradually implement a "multi-segment" to "small segment" of the mode of monitoring. Second, define government responsibility and promote "government accountability actively. A blur of government responsibility and accrual imbalance have always been the main reason for illegal dereliction of duty, abuse of authority, and therefore the law of government supervising responsibility should be perfected, and the main body and responsibility of supervision should be ensured. Furthermore we should formulate a unified accounting supervision and actively promote "accountability" institution to make the main body of supervision lawfully administrative, conscientious under the strong accountability pressure, as to guarantee the fundamental interests of enterprises and consumers in real earnest.The third,strengthening the law enforcement team construction and serious consciousness ,to improve quality and solve adverse administrative supervising department ,only by taking the fundamental measures from the law enforcement personal oneself ,can we effective guarantee the food quality and realize the effect of regulating. The fourth, improve the basis for government regulation , our country should strengthen the legal applicability and operability. Our country should clear and detail the legal provision, pay more attention to the public participation, strengthen the formulation of relevant legal supporting details, to ensure the legal applicability and operability.The fifth ,we should strengthen the laws and regulations of punishment. Strengthen punishment towards enterprise in an effective way of preventing illegal behavior. We should reform the traditional punishment mechanism, while build an "dual" pattern punishment mechanism on material and goodwill ,based on the original punishment mechanism, which could force the enterprise to abide by the professional ethics. The sixth,strengthen the systematic construction of China's food quality standard. Food quality standard is not only an important rule in food production management and food supervision ,but an important means of promoting industry structural adjustment and upgrading enterprise's competitiveness .what's more, it safeguards consumer's interests in real earnest .so we should established an standard supervision system of managerial unit ,fundamentally scientific ,and law-abiding in form,according to "people-oriented, highlight key, scientific development, international standards" concept.The seventh,the open system of information on improved procedures for the enactment of a unified and authoritative "Government Information Disclosure Act" to speed up food market information disclosure system, construction, and to enhance government administrative agencies and staff supervision in order to better protect the Government transparency and effectiveness of information disclosure, supervision should be established within the executive authorities, the masses, combining the news media monitoring mechanisms, the only multi-pronged approach in order to form an effective monitoring network information disclosure and promote good government supervision of food quality .