Research On The Legal Liability Of The International Food Security

Food security is a worldwide topic. The twentieth century, malignant global food safety incidents frequently, which because of food-induced, countries around the world developed the various laws and regulations in order to establish and improve national food security law system; and made strict food standards to regulate the security of their food elements. However, some measures have been disguised but the use of, and limit other country's trade as a covert means, seriously hamper the normal conduct of international food trade. Against this background, what kind of legal do the state have to undertake on the international food security issues? How should the state assume these responsibilities? Research on the responsibility of the international food security research is rare. This paper, raise the the concept of legal liability system on international food security, and attempt to study aspects of the legal responsibility on international food safety,in the agreements related to food security, under the framework of WTO, and then explore the impact, from the legal liability system of international food security to the legal liability system of food security in countries in the world.In this paper, used the research method of sociology of law and comparative study, analysis the concept, uniqueness, historical evolution of the legal liability of the international food security from the theoretical, details the main contents of system of the legal liability of the international food safety,and then found that inherent contacts between different countries on the legal liability system of the food security, by exploring the impact national food safety system on the legal liability system and the impact from the legal liability system'of international food security to the legal liability system of food security in countries in the world. Besides the introduction, the main content of this paper is as follows:1, the main contents and views:The first of this paper discusses the problem of defining of the legal liability system of the international food security, and mainly research on the concept, the special nature of the legal liability system of the international food security. This paper argues that food should refer to the specific substance for human consumption, and concludes that international food safety laws is the responsibility of the international food production, transportation, storage and consumption processes, the obligations arising from breach of obligations and should bear the legal consequences.The second part discusses the evolution and the reason for that evolution of the legal liability system of the international food security, mainly study international legal responsibility of food security system from the origin to the history of the development process and the reasons for the development and evolution.The third part mainly refers to the content of the legal responsibility system of the international food security, make a critical analysis of the main content. Major study the SPS Agreement and TBT Agreement provisions of national law relating to the way the accountability requirements, a brief analysis of the relevant issues between the two defects, and WTO dispute settlement mechanism of the State bears the legal responsibility for food safety to do the binding mode a description, analytical reviews of the WTO dispute settlement mechanism to control the way the theoretical basis and shortcomings.The fourth part discusses mainly the influence of the legal responsibility system of the international food security, including the international legal responsibility of food safety system of positive and negative impacts of two aspects. Countries in the international food safety, the positive impact of the legal liability system under the WTO have in accordance with the principles of food safety requirements of the agreement, from food safety legislation, regulation, risk analysis, food recall and so improve its food safety, legal liability system.Part V based on the newly issued "Food Security Act," details established pursuant to the law of China's food safety supervision system, the status quo made a presentation and made a brief analysis of this system. In my opinion, after "Food Security Act" announced, China has basically established a unified by the central and local food safety regulatory system.Part VI refers to deficiencies in the liability system of the international food security, which had been discussed before, learns from other countries, and link to our country's problem in the practice of the existing food regulatory system, the author put forward the recommendations to improve the international food safety regulatory system.2, this article's main contribution(1)The innovation on the topics:The research on food security issues generally remain the responsibility of government regulation in the country or the basic food safety-related content in the WTO agreement, there is no comprehensive study and discussion on international food safety, legal liability system to conduct a. Therefore, this article tries to WTO on the topics of food safety-related agreements to build an international food safety perspective of legal liability system, in this sense may well be an innovation.(2)This paper's main innovation points are:1. The legal liability of international food security is the responsibility of the international food production, transportation, storage and consumption processes, the obligations arising from breach of obligations and should bear the legal consequences. For food safety is in food production, transportation, storage, consumption, the process does not harm the state of the human body is the result of the process of security and safety of unity.2. International Food security legal liability system has the particularity that this specificity is reflected in the scope of application, the main responsibility, responsibility of legal sources of content and specificity of four aspects.3. With the frequent occurrence of food safety issues, the international community's full attention to food issues as well as some countries use the WTO Food security protocols create hidden trade barriers, such as the increasingly frequent phenomenon, the international legal responsibility of food safety issues will also become the future international Social Studies of the important issues of food safety issues.4. Although China's "Food Safety Law" clearly stated that concept of "food security" and that is the awareness of the issue of food on a qualitative leap, but the concept of food safety responsibilities of factors yet to be reflected, this reflected that the international legal an inherent requirement of the responsibility system. 5. China's current food security system is the legal responsibility to make a new regulatory regime involved, it is still difficult to avoid the inherent defects in the regulatory system, re-government's oversight responsibilities, light citizens oversee the government. The need to establish third-party supervision system, the payment of the limitations of the existing administrative regulatory system.