The Study On The Legal System On Food Safety

Food is the living and developing substantial bases for the people to depend on. The problem of food safety is the fatal issue which is connected with health in both body and mind and national livelihood. Recent years, supervising system on food safety the countries have built. As a result, the problem of food safety is becoming a focus which concerned by most countries and people around the world with the high-speed development of economic of China and the improvement of living standard. There frequently happened vicious events about food safety in some nations and regions all over the world. The food safety problem is serious in our country. It has influenced on social steady and harmony. At the same time with solving the food supplying problem basically, the society paid more and more attention to the food safety problem, along with the sustaining development in high speed of our economy and society. The problem of food safety has become an important factor which measures the living quality of People and the legality construction of our country. Especially, after China entered into WTO, the influence of green wall in external trade on Chinese food export trade is more and more visible. The food safety problem became the key factors which influenced the social steady and food export trade development in China. We should clearly recognize the many shortcomings and problems on the China's food safety control system. Thus strengthening and improving China's food safety control system and related systems are particularly important and urgent.The paper is divided into four sections. The first part is the basic theory of food safety issues. At first it sets forth the connotation and concept of the"Food"and"Food Safety"separately, and then analyzes the reasons influenced on the China food safety, mainly including the existence of food contamination, the potential risks of transgenic, that consumers have a weak awareness of food safety legislation and government regulation and that law enforcement efforts are not enough. The second part of the paper introduces the situation of China food safety, on which basis analysis the defects of the China's legal system of food safety, mainly including the related laws and regulations lacking the unity and coordination, the missing or delaying of food safety standards work, the punishment in the Laws and regulations being not enough and regulatory powers and responsibilities being not clear because of multiple law enforcement.To consummate China food safety Jurisprudence system in pertinacious and scientific, the third part of this paper introduces in detail the situation about the food safety legislation and system in some developed countries, such as USA, Germany, Japanese, England and Canada etc. Learning from it, the paper sets forth the enlightenment of the foreign food safety legislation and law enforcement system to improve and develop the China's food safety legal system standing on the applicable view by theory analyzing. Firstly, they have one unified Food Safety Basic Law. The second point is coordination arrangements of the regulatory mechanisms. The third point is implementation of the overall control from farmland to dining table. The fourth is to increase the intensity of illegal responsibility of food safety, and the fifth is to establish a unified food safety information release system.The most important of the basic food safety law is that every basic legal institution is clear. China needs to establish a set of legal systems for overall control of food security to ensure food safety in all aspects. The fourth part of this paper firstly proposes the basic principles of the food safety legal system, generally including the principle of "through-train" full supervision, the principle of assessment and analysis of the risk, the principle of openness and transparency of information and the principle of the clear responsibilities. And on this basis, I give some views and perspectives of the improvement of relevant systems of my own. The relevant institutions include the labeling system for food safety, food safety standards system, food recall system, and food safety responsibility system. I hope the paper will be helpful to food safety legislation in our country.