Food Safety Regulatory And Administrative Law Enforcement System Reconstruction

The food security is a hot topic at present, the department functions and powers conflict existing is very outstanding in the food security supervision, including the strip of supervision department of food security is cut apart , function crossing and function omission. Department's functions and powers conflict is a bottleneck question in the law enforcement system of the present food security. in the space governed by law of administration ,Exploring that the executive power of supervision department is combined and organized to rule by law, in order to propose the solution of the conflict problem of department's functions and powers, is the research purpose of this dissertation. many departments in food security supervise is most outstanding characteristics at present in our country. department's functions and powers conflict is caused by department's selfish depart mentalism, department's duty is unclear, responsibility have no way of investigating ,Acting of omission and acting of commission happen often. The Health department ,The Quality Control department, the Industry and Commerce department, agricultural department law-enforcing function each become a line in the food security supervision field, In the safety standard making , agricultural input management , production and circulation supervision field, the functions and powers conflict exists too, the inspection organization fights separately too. Try to explain the origin cause of formation of department's functions and powers conflict in two respects of department's interests mechanism at present in our country and the theory of public choosing. The State Council issues an order and establishes the principle supervised by stage, it is emergency measure to severe food security situation. In Associated enforcing the law ,set up deliberative organ it is difficult to set up long lasting , steady law enforcement system, and has produced some side effects. In Shanghai supervision department function has been adjusted to realize to establish a comprehensive, specialized and systematic supervision mode by one department chiefly. The comprehensive law enforcement agency appearing in the fields of city management , culture market management etc. is to solve the horizontal conflict problem of functions and powers through integrating executive power. The formal setting-up of the comprehensive law enforcement agency of our country originates from the regulation of article 16 of 《Law of Administrative Penalty》. Initial comprehensive law enforcement means that "concentrate the administrative penalty relatively ".In 《Administrative Licensing Law》which goes into operation in July 2004," concentrate administrative licensing relatively " has been definitely regulated . In city management, cultural market management field, comprehensive law enforcement has made certain effect already. In the food security supervision field, comprehensive law enforcement have its necessity , feasibility and realistic binding character too. In this text the legislative idea has been put forward about setting up the comprehensive law enforcement agency of food security. In city management, cultural market management field, the comprehensive law enforcement agency has some questions too, producing new functions and powers cross with former administrative functional department , administration chain broken and inspect duties to be unclear especially. The essence of comprehensive law enforcement is the merger of the executive power, and has fully reflected a great deal of questions existing in administrative rules of organization of our country in the production and evolution of the comprehensive law enforcement agency. The perfection of the comprehensive law enforcement agency needs the legal basic principle of administrative rules of organization to standardize. Department's administration transforming to public administration need the administrative organization to rule by law too. finally , The food security administration ruled by administrative rules of organization has been outlined.