A Number Of Recommendations To Improve Our Food Safety Legislation

In recent years, food security incidents attracted more social attention. This problem not only threatens each person's existence right, which caused the consumers to have the huge suspicion to food profession present situation, and shadowed development prospect of food industry, but also affected government image. "Food Act of Security", the first standard special law, which regulates the course of production, sales and processing in food industry, has achieved success on implementation of the responsibility and administrative supervision aspect since its carrying out. But it's only the"governs friendly"seed, which needs to improve the legal system. From the legal area, the right of food security is a rising right. In order to put legal proposals to maintain consumers' food security rights, it is important to study the legal nature and the authority characteristic, comprehensively.The first chapter, it is necessary to regulate the food security right. Food security right is a mixed mode concept, which needs to define what is the food and the nature of food security, firstly. Once more, we should analyzes the security problems and the present situation in food industry, as well as the reasons which cause the food security problems. We should expound the serious influence of food security problems from four aspects which include consumer benefit, social development, enterprise survival and government image. Therefore, it is important and urgent to regulate the food security right.The second chapter,the panorama about the food security right.By present the process of different countries'legislation about food safety , we know the appearance of food safety right is the necessary outcome of human society's development and the common question that we had to face up. I try to analyze the legal character and discuss food safety right's concept and character,which is include the particularity of oblique\the personal character of the right\the motile of the right. To sum up the right's main content from the point of view of food producers and sellers,who are the main obligor.The third chapter, it is the summarization of safeguarding present legal system of food security right of our country, and the analysis of advantages. In the department law, it is emphatic in analyzing the innovation of "Food Act of Security" and the limitation of laws. The innovation of the system is reflected on the supervision object, the supervision system, the ISO system and abolishing the exempting from inspection system; On analyzing the legal limitation: the supervision system need to be optimized, exert the consumer's balance function, increase the punishment on illegal action. On the basic law aspects, I focus on criminal law A143 and A144,estimate the punish effection on illegal action about food safety. At the same time , appraise Criminal Law Amendment case 8 about protect food safety.The fourth chapter, there are several suggestions to be proposed on the food security right of our country. Firstly, we should establish the food security right as citizen's basic right in the forms of constitutional interpretation; Secondly, we should take the reporting-awards system, and integrates this system to "Food Act of Security", for reporting illegal behaviors during the process of production, which damage the food security; Thirdly, we should regulate the punishment compensation mechanism, and encourage the consumers whose food security right is infringed to maintain their own interests by civil action. At same time, it will put the stress on those food practitioners to raise attention on the food security right; Fourthly, food practitioners have to define their own legal obligations, clearly, and carry out the community responsibility. The improvement of community responsibility of enterprise not only depends on their own (juristical) consciousness, but also the definition and the execution of legal liability.