The Study On The Accountable Mechanisms Of Public Food Security In China

Countries take the people as the principle, the food is what matters to the people, and the food must be qualified firstly. Guarantee food security plays a vital role to our country’s economic, stable of the society and political. In recent years, the problems of food safety occur frequently in China, damages are very serious and shocking. For this point, the state has adopted a series of measures, such as issued the" food safety law", and strengthened supervision constantly. In actual, the effect is not ideal, unsafe food still emerge in an endless stream. How to decrease the production of the unqualified food fundamentally is the urgent huge issue, which we need to study seriously. The author thinks the issue of food safety cannot be banned lied in the responsibility is not implemented on a great extent. Responsibility is the soul in norming people’s behaviour, if responsibility cannot be fulfilled, people’s behavior can not be subject to strong constraint. Therefore, this paper will localized in responsibility for research perspective, under the idea of the private and public’s combination to find a way to consummate the mechanism which in our country public food safety responsibility, to solve the food safety responsibility predicament and ensuring public safety of food, from the view of legislation, enforcement, judicial and law-abiding angle:Through the Sociality of responsibility to analysis the connotation of food safety problems, to find out the subjects who are responsible for problems of food safety. No matter from the root causes of the problem or the government law enforcement, the government has the responsibility to protect people’s safety and healthy. But we usually own the responsibility to the product sellers instead of the government when the food safety problems in practice. The modern sense of public food safety responsibility is not only illegal production sales responsibility, but also the responsibility of the government’s regulation.The problem of public food has a characteristic that involved in public law and private law at the same time. We take food hygiene of permit system in food supply, emphasize administrative responsibility when problems appeared in food safety system, and ignore the criminal liability and civil liability, people don’t care this problem until unsafe food caused widespread damage, and the victims can not take fully compensation. The blending of public and private nature is the important feature of responsibility for food safety, so regulation of food safety responsibility need effective combination of public law and private law. When affix the illegal food producer and sellers’responsibility, we should use public and private aids in laws, ensure the priority of civil compensation, and maintain the victims’interests effective.The current situation and dilemma in responsibility of China’s public food safety is: First of all, legislation is not perfect, subject of law enforcement not be viewed as the important responsible party, meanwhile, the condemnatory strength is insufficient, resulting the low cost of illegal; Secondly, the mechanism of law enforcement is not perfect, the supervision of administrative enforcement is insufficient, responsibility is not clear, the resources of supervision are limited, and the public who has the greatest interest to the problem of food safety can not do anything when face the unsafe food, the insufficiency of social public; again, the judicial system is not perfect, hard to presents evidence and the lawsuit cost to be high so the victim was unwilling to take action to protect their rights and interests, indirectly caused offender escaping responsibility; Finally, the enterprise pursuit profits excessively, loss of conscience and lack of social responsibility sense.Put forward some suggestions from the following several aspects for the dilemma in responsibility investigation of food safety:first, perfect the legislation, detailing the responsibility of government and accountability legalization, so ensure the related body must be responsible for their action in law, at the same time, in view of the importance of food safety and the current problems of food in flood conditions, suggest to increase the punishment, secondly, change the idea and mode of regulation, ensure the laws are strictly observed, strengthen government supervision and responsibility, wide the subjects of law enforcement, put forward civil enforcement, give back the right to people, not only can strengthen the supervision, and also can save administrative resources, in addition, a part of the problem of food occupied market is because consumers blindly pursue low-cost food, but enterprise itself not want to be illegal, so we advocate soft law, provided platform for the consumers and enterprise in game, in order to ensure democratic consultation and effective regulation; again, perfect the lawsuit system, to provide consumers with convenient for suit, implement the illegal enterprise’s civil liability; finally, strengthen corporate social responsibility, and draw advanced experience from other places, innovate the forms of liability that enterprises or Commercial Bureau makes compensation before the result of consumptive dispute.