On Legal Liability System Of Food Safety

Around the world, food safety has already exceeded the concept of public health ,governments and consumers to become major sacial issues of concerns .The continuous development of the food industry and globalization of food trade is changing the way of the food production and distribution.Particularly developing countries,whose health and social environment is changing rapidly.With limited resources to undertake the task of the urbanization process,increased demand for food storage, food production facilities which need to improve ,these countries are facing many pressures .The food security of China is quite severe ,the food chain which we live has become very fragile,especially food-borne contamination of food safety incidents.Facing the new condition appearing,it is necessary to carry out the legal regulation of food safety,which is needed by building a socialist rule of law and ensuring the health safety of people.Legal responsibility that as the smooth implementation of the protection of its regulatory system also should be continuously improved,but for our country's law system of food safety which has many problems needs us to make the further research . Therefore,through the study of legal responsibility,we hope to provide the reference to legislation,law enforcement and remedy for future in theory.Also, it is helpful to play the function of the food safety law and realize values adequately.The main body of this thesis is composed from four parts.In part one,the author disserts the significance of the food security to a state and national ,by listing the food safety incidents that occurred one after another.Pointing out that the legal liability of food safety is defined as a citizen,juridical person or organizes assume the adverse consequences for violation of national laws and regulations ;Legal responsibility of food safety has leading function, educational function, punitive function and remedial function;The value of safe legal liability of food has embodied in :firstly, to maintain the normal order of the production and business operation,to protect the lawful rights and interests of the normal operators,to promote economic sustainable development;secondly,to maintain social order of public safety,to safeguard public health and life safety.At the same time,it is on the pursuit of value of justice and fairness.In part two,the author has commented on and analysed the food safety system of Germany ,USA and Japanese.Although their social system and legal system is different ,and with a heavy emphasis placed on the regulation of food safety legal responsibility.But in their own country's food security maintenance role is obvious.Both USA and Germany attach importance to detailed the laws,"from farmland to dining-table "-----the law coverage of whole journey not only can have an effect to ensure food safety,but also contribute to distribution of responsibility and perform duties of law-enforcing department.Japan is even more emphasis on the scientific purpose ,international and environmental protection of food safety legislation, and take the prevention as the basic principles of legislation.In combination with our specific circumstances and the advanced experience of developed countries,constantly perfecting the legal responsibility system construction.In part three,in-depth analysis of the food safety status of the legal liability system and the shortcomings of legislation,the author expounds from civil liability, administrative liability and criminal responsibility.In the civil liability system, the principle of imputation is not strong operability leading victims of consumers are at a disadvantage by contrast the illegal food producers and sellers , so that the injured party was unable to achieve relief ; Food safety law can not effectively compensate for the liability the victim's loss, and that laws or regulations of Compensation For Mental Loss on damages provisions rarely, not really compensating the victim's total losses;Food safety deficiencies in the civil dispute resolution mechanisms need to be improved, the victims are weak, but food producers and sellers have greater advantage in the financial, energy and so on , that is not conducive to protecting the rights of victims.Together with the Court is lack of experience to deal with group dispute leading the rights of victims can not get effective protection and relief;In the administrative system, as "employed against" is easy to make the first characterization of the effectiveness of executive power and judicial power of the final phase confusion, and China's current administrative law enforcement departments in the rational allocation of administrative enforcement powers of the issue is still inadequate, there Food Safety executive body too principled form of administrative accountability and the accountability procedures are not perfect, so there will be violations of food safety is not in place in the administrative treatment of the problem;As in the criminal system, due to the current "criminal" category of crime for the food safety regulatory lags, the adjustment range is too narrow category of crimes on the food safety system settings and penalties attributable to set unreasonable, leading to food safety involvedtype of crime because the lack of legal punishment or not in place and should be punished by less than to reach the purpose of warning crime .In part four,the author proposes some suggestion to improve the food safety legalresponsibility system,such as:In the civil system,set up the principle of strict liability,combination of the actual compensation and vindictive damage,to improve the civil dispute solution mechanism ;Responsibility system of administrative law will be deprived of the qualification final ruling by the court have the right of return, based on the harmonization of food safety committees throughout the local government under the supervision and administrative supervision departments of the sub-class combination of regulatory control system and perfectadministrative accountability mechanisms related to the legal system;In the system of criminal responsibility, changing related to food safety, crime, criminal law class system of ownership, charges and penalties set to achieve the purpose of punishing crime.