Study On Compulsory Administrative Measures In Food Safety Supervision

In recent years, many kinds of food safety accidents which related to our dailylife as the frequent events appeared along with the rapid development of the nationaleconomy. Review of food safety incidents in recent decades, many kinds of food hassecurity issue. Such as moon cake, rice balls, the milk, beef, ham, bread and liquorsoy sauce and so on. No wonder that the loud voice of “what we can eat” is popular,which revealing people’s frustration and worry. These accidents have become aserious threat to the citizens’ daily diet not only, but also causing public panic. In thesecases, many people even lost their basic social trust about the safety of food. Theyalso exposed some serious drawback of food safety administrative supervision. Howto solve this problem become hot points which the administrative supervisiondepartments need to face.In the area of food safety daily supervision, compulsory administrative measureshave been widely adopted by administrative department in order to prevent and tostop the harmful behavior as a kind of regulation method. They have importantfunctions such as preventing the illegal behavior, preservation of evidence, avoidingdamage from happening, and controlling risk in their proceeding, and have manyobvious "result advantage" compared with the administrative punishment andcriminal penalty.However, the aim of compulsory ultimate is to protecting the rights (and evenhuman rights). Compulsory administrative measures are based on the national force, itwill be to limit citizens’ rights in pursuing of the social order and control efficiency atthe same time; it also will make self-expansion signs in this process. This feature makes collision and friction to the inherent property rights and personal rights ofrelative inevitably in the process, and even infringe upon the legitimate rights andinterests of the relative in some cases. Therefore, we must establish and improve thefood safety regulatory system of compulsory measures, regulate the implementationof aspects of the compulsory administrative measures reasonably, and make it in thecontrol the rule of law firmly, shall compulsory administrative measures be operatedsmoothly in the two values, which seem to gain a balance, finally realize its inherentdouble value.On the basis of grasping the overall status of China’s food safety regulatory areasof law enforcement, the article also analysis the shortcomings of the commonadministrative compulsory measures in the legislative provisions and practices of lawenforcement agencies one by one, while absorbing the set of compulsory measures offoreign food safety regulatory program. After that, I have a serious thinking of ourcurrent food safety supervision and administrative coercive measures in the existinglegal norms and the practical application. Through analyzing some significance issues,such as "How to make the compulsory administrative measures to be perfected infuture","are there some specific regulations which stipulate the definite operationalway, procedures and power owner of compulsory administrative measures","whetherexisting legal norms can give the administrative relative full protection of the rights",etc. By trying to perfect the food safety supervision administrative measures systemfrom some different angles, such as element analyses, supplementary specification,practical and follow-up safeguards convergence, with the promulgation of the"administrative enforcement", this article intends to make a useful exploration forperfecting and sounding our administrative compulsory measures of supervision offood safety system.