On The Middle Layer And Food Safety Supervision Under The Perspective Of Economic Law

An endless stream of major food safety incidents continues to torture the effectiveness of food safety supervision system in china. Under the traditional food safety supervision model, the government is the single supervision body. Though china has continued to reform and improve in system, it is still not able to form a food safety net. With the growth and development of The Middle Layer characterized by nongovernmental and nonprofit features and also autonomy, it not only makes a path for the effective interaction between the government, enterprises and citizens, but also becomes one of the main elements which implement the transition under government governance to Public Administration. China introduce The Middle Layer to the food safety regulatory system and include it into the adjustment range of Economic Law, making it one of main food safety regulatory bodies, and regulate and guide the production enterprises and individuals under the source of food production to achieve the self-control of the food production enterprises, service being their guidance and building the first net for the food safety production. This can be feasible and effective in both theoretical and practice levels. However, due to China's political system and legal system lags behind in social development and democracy needs, poor growth and development environment brings The Middle Layer system obstacles and legality in the effective participation in food safety supervision. The development plight of The Middle Layer urgently need the support and regulation of the time respond Law——Economic Law, specifically through the social economic legislation, thus clearing the legal status of The Middle Layer, recognizing the effectiveness of its members, giving full play of its key Economic Law enforcement functions, and finally to make The Middle Layer play its role in food safety supervision effectively. This paper consists of three parts:The first part, under the perspective of Economic Law, this article combine discipline theories, such as jurisprudence, sociology, management and economics with other scientific researches and describe the theoretical basis of food safety regulatory system in China, legal character of The Middle Layer, and The Middle Layer involved in the food safety.In the second part, on the basis of the empirical analysis, through the key research study of The Middle Layer organizations in Shanghai, Ningbo and other places, And conclude the functions and shortcomings in the food safety supervision. Finally, return to the perspective of Economic Law, combine empirical analysis, and optimize the food safety regulatory mechanism of The Middle Layer organizations under three aspects: the establishment of The Middle Layer organization's dominant position in Economic Law, the promotion of its economic legislation, and the achievement of its Economic Law enforcement functions.