The Rational Choice Of Food Vendors' Supervision

Food vendors is closely related with public life, and now it has attracted more and more attention by the government and the public.But it along with all kinds of social management and public health problems,so that it also exposes the deficiency of current local government in the regulation of food vendors.The regulation of food vendors has always been an important content of legislation. In the new amendment to Food Safety Law of the People’s Republic of China,detailed management measures on small food workshops and food vendors, etc. shall be developed by governments at provincial, autonomous regional and municipal level. According to Article 62 of Legislation Law of the People’s Republic of China, the provincial people’s Congress and its Standing Committee or the provincial government should formulate or modify the specific provisions for the food vendors within 1 year. Therefore, local legislation for food vendors of is imminent. By combing through current regulatory documents about food vendors regulation from different regions in our country, analyzing the characteristics of the regulatory basis and regulatory methods, it shows that existing relevant regulatory documents are insufficient on the quantity, nature and timeliness. Meanwhile, regulatory methods for food vendors seems diverse and has covered the whole chain of production and management.But the situation does not meet expectations. Different places have much difference in social and economic development, so their regulatory goal should not be the same, but in fact they have similar regulatory methods. This is clearly shows that the current regulatory methods are invalid or inefficient, they are not conducive to achieve the regulatory target.By investigating outside experience, different countries (regions) have much difference in the mode of regulation, and the difference is rooted in the different level of social and economic development from country (region) to country (region). Therefore, China’s mainland should absorb and learn more from South Korea and the Taiwan region, whose current level of economic development is relatively similar to our country.The local regulatory targets of food vendors are multiple in our country, the local government should give consideration to multiple regulatory targets,such as the consumers’ right of health and free choice,the food vendors’ right of exist and labor, the stable development of the society.Because of the various gap of economic development level, social degree of rule by law and other sides, the different on the priorities of multiple targets will inevitably across different places in our counry.From what has been discussed above,local specific provisions which are formulated or modifed according to Food Safety Law of the People’s Republic of China,should analyze and position the administrative target of regional food vendors regulation reasonably, especially shall specify priorities of multiple regulatory targets.Then, using the principle of proportionality to put forward a framework to make rational choices from different regulatory methods.Namely, through the analysis of the three steps,the matching between the target and method,the choice between methods,the measuring between legal benefit, to find out the real legal and valid regulatory methods.