Research On Legal Issues About Chinese Food Safety Supervision System

Food is essential to human life and development. Food safety has big influence on people's physical and metal health, moreover, on national economy and people's livelihood. Studying the legal issue of food safety monitoring system is not only aimed to protect consumer's basic rights, but also to adjust and optimize the structure of Chinese food industry for better prospects. improve the governments' administrative level and maintaining social harmony and stability. It will be very significant and useful to the theory innovation and the policy-making of the food safety and social stabilization.The author attempted to find out how and why the"Sanlu milk powder"incident happened from an legal respect, and a better way to improve Chinese food supply, with the research methods including documentation methods, authentic proof analysis method, comparative research and induction combined with comparison method. The author hoped that the advices offered could be helpful to the legislation and enforcement of the law on food safety monitoring and the reform of food safety monitoring system.This article begins with an introduction, there are a series of food safety incident happened in China not long ago. Since Chinese food provision seemed serious, attention has to be paid to. The article is divided into five main parts: The first part carries on the basic ideas theories about food, food safety and food safety monitoring at first, then bring out the theories of food safety monitoring; The second part started with the general situation with"Sanlu milk powder"incident, then analyze the defeats of Chinese food safety monitoring system, in the end, conclude the main course is due to the limitation of existing legal food safety system; The third part is mainly about carries on the inspection to the overseas food safe supervision legal regime. American and European are chosen as the representative of two different supervision mode, classified supervision mode and integrative supervision mode. There are some useful experiences which should be concerned; The fourth part is about how to construct the legal system on food safety monitoring. First, analyze the contribution made by Food Safety Law to the legal system; Second, point out the problems of the current legal system; The fifth part is about further proposals on how to strengthen Chinese food safety supervision. The author believed that not only strengthen government regulation, but also to strengthen self-discipline management, and enhanced supervision of consumers. Therefore, in addition to formulating the relevant provisions of substantive law, some new procedural law should be established in order to implement the monitoring of industry associations and consumers, such as the establishment of small arbitration proceedings and the Group proceedings. At the end, the author puts forward the future and believed the provision of food will get better in China for short time.