Food And Drug Regulatory Administrative Coercive Measures

In recent years, many kinds of food and drug safety accidents and phytotoxicity emergency as the frequent events appeared in the news report along with the rapid development of the national economy. These accidents have become a serious threat to the citizens' daily diet .In this case, many people lost their basic social trust about the safety of food and drug. Especially, after a series of serious security incidents being revealed, the public were horrified by crisis of food and drug. These accidents also exposed some serious drawback of food and drug safety administrative supervision, besides incurred some moral condemnation and criminal punishment. How to strengthen the daily supervision and take effective measures against any illegal behavior? How to prevent food and drug problems endangering the normal order and public health, to avoid to cause the public panic, even breakout a great public crisis? These issues have become hot points which legislative and administrative supervision departments need to be solved immediately.In food and drug daily supervision area, compulsory administrative measures have been widely adopted by administrative department as a kind of regulation method. They show prevention, restricting, guarantee, promoting value and function in their proceeding, and have many obvious "result advantage" compared with the "afterwards remedy" method, for example, as administrative punishment, criminal penalty and etc. By improving and integrating the regulations about compulsory administrative measures coherently, government agencies could fulfill the function of compulsory administrative measures, show their "infinite justice" character and also make the eventual social significance to protect the safety of citizens'diet, public order and public interests.However, as a kind of action which implemented by national compulsive force, compulsory administrative measures run at the cost of limiting citizen's rights when they pursue the social order control efficiency. It means that they have an intrinsic nature of self expansion, which makes compulsory administrative measures be conflicted with civil rights inevitably. However, besides maintain the good social order, compulsory administrative measures should have another important value. That is the protection of citizens'legal rights and interests. Only be confined according to law principle, shall compulsory administrative measures be operated smoothly in the two values, which seem to gain a balance, even realize the double value eventually.As the case that compulsory administrative measures should be within the confliction which happen between "maintaining the administrative efficiency " and "protecting the legal rights and interests" throughout the implementation process, this article researched on the basis of full understanding the current situation of our national food and drug administrative supervision, and focused on the supervision practice (Shanghai area as a sample). Through analyzing some significance issues, such as "Whether existing legal compulsory administrative measures can deal with food and drug crises when they happen", "Are there some specific regulations which stipulate the definite operational way, procedures and power owner of compulsory administrative measures", "what defects compulsory administrative measures have that could be perfected in future" etc. By trying to perfect the food and drug supervision administrative measures system from some different angles, such as provisions analyses, legislative framework, afterwards measures, this article intends to make a contribution for guaranteeing this dual value special power runs in the orbit of "rule by law" eternally.