On Perfecting Legal System Of Food Safety In China

Food is one of the basic needs in human life. As the paramount necessity topeople, food safety is the first condition because it is related to the consumer healthand life safety. In recent years, food safety incidents in China happened frequently.After the remit "Clenbuterol" incident, Shanghai "Tainted Steamed Bun","BeefExtract" Create false beef, the expired bread use again, and so on. At present time,food safety has become an important problem to solve in China. Meanwhile the FoodSafety Law promulgated in2009also becomes a hot topic. There are significantprogresses compared with the previous the Food Hygiene law in many ways. TheFood Safety Law is significant in ensuring food safety, protecting the public’s lifesafety and body health. The promulgation of the "Food Safety Law" shows that thefood safety in China legislation work has entered a new phase. But at the same time,it is still a lot of problems in China. The legal system is not perfect, and leg behindthe developing countries’ level. The current legal system adjustment range is toonarrow, and the content is quite obsolete, and many new questions which the societyand the development of science and technology bring are not mentioned. To ensuringfood security, improving the food safety laws system is imperative. In order tocontinue to perfect our country’s food safety laws system. This article will have aresearch of Legal System of Food Safety in China in four parts.The first part gives a unified description on food safety and Food Safety Law. Inthe introduction of food safety meaning, food safety is considered under abackground of the whole security issue. After understanding the meaning of foodsafety, the next issue is the definition of food safety law, that the position of FoodSafety Law in the legal system. Accountting for the Food Safety Law in the two maincharacteristics, to food safety in an appropriate position. Putting it in the Security Actand the Ecological Law orientation, pointed out that food safety problems related toenvironmental protection and the implementation of the sustainable developmentstrategy. In China, food safety problem is responsible to the environmental pollutionin a large extent. The second part introduces the legal system of food safety in China. There arethree links in this part. The first link is the introduction in the relevant laws andregulations on food safety in China.We can see that our country has a system of legalregulation of food safety in the civil, criminal, administrative law and other legalrequirements. The second link on the highlights of the People’s Republic of ChinaFood Safety Law, promulgated in2009, the evaluation analysis."Food Safety Law"has the advantage of the establishment of the Food Safety Commission to establishfood production licensing and food recall system, cancel the provisions of the foodexemption, the national food safety standards were unified, celebrity endorsementadvertising jointly and severally liable, to establish risk monitoring and evaluationsystems, as well as health care propaganda prohibition provisions clear civil liabilityprinciple of giving priority to a clear consumption of agricultural regulatoryresponsibility. The third link is the defects in the legal system of China’s food safety.It includes: less systematic and integrity of the food laws and regulations, food safety,illegal punishment is not enough, the regulatory system of food safety enforcementsystem there are drawbacks as well as social organizations supervisory powers hasnot been protected.The third part describes the legal system of food safety in the United States,Britain and Japan. And it alludes to the lack of the legal system of China’s food safety.The food safety legislation in the U.S. has one hundred years of history, from foodproduction, supervision, and the establishment of product standards, have a completesystem. The food safety legal system has three distinct features, power andresponsibility, open Legislative times and information. England has always been moreemphasis on procedures and regulations in such great importance to the concept ofthe program is also deeply penetrating into the food safety legislation. An importantfeature of the legal system of food safety is the supervision and strict implementationof food traceability and recall system. British food safety legislation system is mainlycomposed of a set of reasonable and is improved by the efficiency of the legal system.Besides the most unique part of Japan’s food safety law system is the "Food SafetyBasic Law". To the core of the Act, more than ten laws, including the "FoodSanitation Law", has been received a large-scale modification and promotion, which cover the whole process of food supply. In addition all Japanese food safety lawsystems appear in the form of law, which provide a high effect. The improvement ofthe legal system of China’s food security needs to learn from foreign advanced andmature experience of the developed countries.In the fourth part, the author gives some suggestions in improving the legalsystem of Chinese food safety recommendations, based on China’s nationalconditions, and the experience of foreign food safety legislation. Integration of legalresources, and improve the existing food safety legal system; Legal accountabilitymechanisms to improve food safety incidents; Establish a clear division of labor,coordinated food safety regulatory system; Strengthen the powers of supervision inaccordance with the law and to strengthen consumer protection. Through a series ofrecommendations, I hope that the benefit of the Chinese food safety and theimprovement of the legal system could play an effect function in putting forward ourlegal system, and causing more of our thinking about it.