Study On Administrative Responsibility Of Food Safety Accident

Food safety is one of the hottest issues in recent years. Now our State has attached great importance to safe safety, for example, the State Council published 《The National Food Safety Regulatory System Twelfth Five-Year Plan》 in2012, it proposed that in the next ten years, the State will construct ten systems of food safety regulation, such as regulations and standards, inspection and detection, emergency management and so on. In this year’s Congresses, food safety was regarded as an important issue. On the March10, the State Council published 《State Council Institution Reform and Function Transformation program》, the program says that the State Council will integrate several departments on food safety and establish State Food and Drug Administration Department. The legislative department also paid much attention on food safety,《The Food Safety Law》 was published in2009. After this law, the State Council published 《Regulations for the Implementation of the Food Safety Law》, local governments also formulated different kinds of measures to solve the problems of food safety.Although our government paid more and more attention on food safety, the food safety incidents still happened frequently in recent years. The reasons are as follows: firstly, food producers and sellers are driven by interests; secondly, the regulatory departments failed to do their duty; what’s more, our food regulatory system is not in balance, especially the rules about administrative responsibility are not complete. This article will discuss this question.This article is divided into four parts. The first part introduces food safety incident and its legal liability, makes clear the definition of food safety and food safety incident, clarifies its legal liability, discuss the basic theory of administrative possibility, what is administrative responsibility and its imputation principles. The second part uses the method of comparison to introduce American food safety regulatory system and administrative system. The third part analyzes our own food safety administrative responsibility system. The last part finds some shortages and defects of the system and tries to give some advice according to those shortages and defects in the fourth part.