Study Of Problems In The Grain Reserves Circulation

China's food safety and stability are the mainstay of world food security and stability. China is the world's large populous country, with the short cultivated land resource and water resource, food crops being the main food structure, so the grain reserves and circulation in China are the foundation to maintain the social stability and economic development. Today, food war is the political war, the establishment, improvement and execution of grain laws and grain regulations are the important guarantee of grain production, circulation and security. Because of the important role of grain reserves, and the crossover status relationship with commodity grain, it is decided that the grain reserves shall be put in the key regulatory status in the process of grain control.The law problems in the process of grain reserves circulation need to be studied, the illegal problems shall be illustrated with examples, the ways and means of effective supervision of grain reserves will be found. Scalping the collection index of grain reserves damages the interests of farmers; reselling rotten rice damages the interests of consumers; reselling the inventory of national grain reserves harms the country's interests; scalping the national grain reserves of directional sales disturbs the coordination and control of the market economy, and disturbs the stability of market price. Although a number of administrative regulations and department administrative rules and regulations of grain purchasing ordinance, the management regulations of central grain reserves, the management regulations of grain circulation, the interim measures for the supervision and inspection of grain circulation and ways of grain quality supervision and implementing (trial), the store identification methods of central grain reserves and the statistics system of grain circulation have been issued in succession, in a certain period, the constant development and improvement of China's grain regulation system have been embodied, which also lay the legal basis for the standardization of grain reserves circulation and management. But today, the market economy degree becomes higher and higher, it moves towards the perfect, standard and effective legal economy. Our country is a big grain consumption country, from grain production to the actual consumption process of people, with the overall grain economic marketization becoming more and more significant, the independent grain laws and regulations are required to guide it standardly and effectively. Because the substantive law and the special regulations do not exist, there are no laws to obey, so in the circulation process of grain reserves a lot of illegal behaviors will appear. Because of the reasons of imperfect system and the weak supervision, etc., many behaviors cannot be suppressed and punished effectively, with the normal operation of the grain circulation being hindered, and the serious social damages are even caused.There are many supervision departments in the circulation of grain reserves including: The Development and Reform Commission is responsible for organizing the collection, use, rotation and management of the national grain, and managing the reserves of national grain, cotton and sugar jointly with the relevant departments. The State Grain Administration is the administrative organization responsible for the specific business of the national grain circulation macro-control, the industry guidance and the administrative management of central grain reserves, drafting the management laws, draft regulations, relevant policies and regulations of national grain circulation and the central grain reserves and supervising the implementation. The Industrial and Commercial Bureau takes on the responsibility of supervising and administrating the commodity quality in the field of circulation and food safety in circulation links, organizes and develops the work of consumption rights protection in the service field, investigates the illegal activities such as forged and fake commodities according to the division of labor, guides consumers to consult, appeal and report the accepting, process and network system construction, and protects the legitimate rights of operators and consumers. The Ministry of Health takes on the responsibilities of food safety comprehensive coordination and organizing to investigate the major accidents of food safety, organizes to set up the standards of local food safety, responsible for the safety risk assessment and warnings of food and related products, unifies to release the significant food safety information, leads to establish the comprehensive coordination mechanism of food safety, responsible for the integrated supervision of food safety. The Quality Supervision Bureau is responsible for implementing the metrological law, standardization method, product quality standard, the special equipment safety supervision ordinance, the cotton quality supervision and management regulations and related laws and regulations, rules and administrative law enforcement. The illegal behaviors of product quality, the standard and the metering need to be investigated according to the law. Accepting complaints and reports of consumers, accepting the product quality problems turned over by Departments of Industry and Commerce which are found in the circulation field belonging to the production process, investigating and punishing them according to the law. Cases of administrative reviews need to be dealt with. Price Bureau implements the state price guidelines, policies and laws, drafts the relevant local decrees, regulations, policies, and price reform plan and organizes the implementation; draws up the middle and long-term plan and the annual plan of price reform, responsible for the survey analysis of industrial, agricultural and sideline products, public utility cost and circulation costs. These departments have the large scale joint law enforcement, with the characteristics of high efficiency and low risks which are the solution ways for the government to handle major thorny problems. Under certain conditions, they are effective.Due to the particularity of grain reserves circulation, various kinds of supervision sectors, inconsistent and imperfect governance mechanism, organs not authorized by law generally take over the authority by means of joint law enforcement, which confuses the administrative function of organs and results in buck passing and inadvertency among departments. Among of which, some people fail to execute supervision when they are in charge, and implement until joint law enforcement on the contrary, resulting in trifles in bulk. Joint law enforcement plays an important role in control of each link in grain circulation, with the posture that omnipotent in the world. Since then, the fact that law enforcement exceeding their powers is exposed. This is not only the violation of procedure, but also the administrative illegality. In addition, since lacking of specific laws and regulations restriction, the supervision to grain circulation is only imposing a fine and confiscating simply at some times, and couldn't not reach the real effect of punishment.Secret worry of grain production in China has been exposed gradually. Many factors constantly impact on the fortress of grain security in our country, such as climatic change becomes increasingly frequent, regional and structural contradictions of grain demand and supply are more prominent, foreign grain dealers quickly infiltrate, farmland is decreasing ceaselessly, and water source is insufficient seriously, etc. The Grain Law expected to be issued may build for the grain security of China a firewall. However, the grain legislation cannot be accomplished in an action. According to the actual conditions of our country, it still needs to be improved gradually. Only by constantly added in and unceasing revised can it adapt to the needs of the development of social economy. Therefore, it is extremely urgent to establish special grain law and corresponding sub-laws.Seen from the current grain reserve system in Europe and America, Japan and South Korea, it can be concluded that the national grain reserves system is very huge, which needs the matched relevant rules and sound regulations. The reform of the grain distribution system in China still needs to be promoted continually, while for the supervision to grain circulation, it is hardly to be adapted only depending on one administrative law. With the purpose of adapting to the development of China grain economy, and clearing objectives of national grain reserve and grain reserves circulation, it is particularly important to issue a grain reserve law.