On System Of Supplementary Legislation

"Supplementary legislation" means the legislation phenomenon based on the National People’s Congress and its standing committee for some of the laws of the generality and unusable terms, the state council and the other local legislative subjects make the detailed implementation and measures refined the law perfect. The supplementary legislation is a unique legislative model of Chinese characteristics, it appeared and be used at the beginning of the new China was founded. Also it’s the supplement and refined to the superior law and important part of our legal system. Supplementary legislation contains two components which are supplementary articles and supplementary files. Supplementary legislation different from authority legislation in the main subject, start way and nature. It has the characteristics of subsidiary, variety and flexibility. Supplementary legislation belongs to the "voluntary requirements", so it has the nature of "obligation", it is the duty of every supplementary subject to make supplementary files. Although at present our country socialist legal system has basically formed, a large number of laws still can not be executed smoothly, we really need a lot of supplementary files to achieve the goal, which put forward the high requirements to the word of supplementary legislation. With Food Safety for example, supplementary legislation in China hasn’t make great achievements, we still need lots of supplementary files to implement food safety laws.We can learn from other developed countries advanced experience and methods for reference to the work of supplementary legislation on food safety law. The mode of food safety legislation in United States is dispersed, which means respectively of the specific legislation on the different areas of food safety, and the establishment of the food and drug administration (FDA). New regulations and guidance issued by the FDA can form a complete set of American food safety modernization of law of implementation, also FDA strengthen the relationship and cooperation with the other relevant departments. Britain in the food safety legislation practice the mode of supplementary legislation and regulation on a parallel, the subject issue the food safety law and food standards law, while setting up an independent food standards agency. Also Britain form a complete set on seven aspects such as composition, additives in food, pollution and so on, the provisions are set reasonable and have the coverage content at the same time. Japan has the unified legislative model, first enact basic law, and then classify make specific regulations. Japan gives the priority to the food safety law, while supplementing the regulations of the cabinet and ministry, and also combining with all kinds of food safety standards to perfect food safety laws system. We should learn for reference to the supplementary legislation experience of the USA, UK and Japan.At present our country’s supplementary legislation practice in food safety still not enough in position whether the central level nor the local level. First of all. to the investigation on the different subjects of supplementary legislation, the central level including the state council and its ministries and central military commission and the uncertain subject has a low completion rate, while different subject has different completion rate. The local level sampling7provinces, its completion rate is lower than the central level. Different province has different rate. There are many unreasonable problems on the subject of supplementary legislation, such as the low completion rate of main subjects, changes of the subjects and the irrational settings of the superior law. Second, to the investigation on different types of supplementary legislation, whether the central level or local level,4types of supplementary legislation on the whole set rate is low, which existed problems such as comprehensives supplementary legislation has small proportion but high completion rate, specialized supplementary legislation has large proportion but low completion rate, consistent supplementary legislation and relevant supplementary legislation both have low proportion and low completion rate. Especially the low rate of the formulation of professional supplementary legislation led to many food safety accidents can’t be solved according to the specific provision of law, which seriously influence people’s life and the order of economic development. Finally, to the investigation on the time limit of supplementary legislation, most supplementary files were enacted in1to2years after the superior law while part of the important supplementary files were enacted more than2years after the superior law, it seriously hindered the smooth enforcement of the superior law. Also another part of the supplementary files has not been issued. Supplementary subjects idle at exercise complete obligation, also there have no relevant supervision and punishment mechanism, which enables supplementary legislation for long term appeared, and the backward of supplementary legislation.As the food safety supplementary legislation appear afore-mentioned problems, subjectively mainly because of the idea of "legislation should not be fine" and the convention of "supplementary after legislation", lawmakers and the legislature have not timely transformation legislation ideas in the development of the legal system, meanwhile, objectively mainly because of the lack and immature of the subject, the superior law makers set not very accurate terms in supplementary terms, which may often lead to ambiguity. Also the supplementary subjects lack the experience of the relevant matters and ability to the requirements of supplementary terms, and they can’t make perfect supplementary rules. Plus the lack of draft-sign system and term system and supervision system, also with the grabbing of the benefit between different ministries, all of these make food safety supplementary legislation can’t make great achievements. To solve the above problems, it is necessary to form a complete set of food safety supplementary legislation to perfect:first to change the legislation idea, set up the "legislation to all appropriate degree" and "superior law and supplementary legislation carry on synchronized", lawmakers should reduce the number of supplementary terms as far as possible in making laws, even to set up supplementary terms, lawmakers should audit the necessary strictly, and let the superior law and supplementary legislation carry on synchronized. At the same time, improve the legislation technology and skills of superior law makers and subject of supplementary legislation, to improve the accuracy of the words, avoiding produce ambiguity, and strengthen the construction of the supplementary skills of the subjects. Secondly, we need to promote supplementary legislation system innovation, perfect draft-sign system and supplementary legislation planning system and establish the flexible time limit system of supplementary legislation. Finally, we should strengthen the supervision and management of the supplementary legislation by establishing the legislative hearing system and the whole challenge system. Through the above ways can we perfect the food safety supplementary legislation, ensure the smooth implementation of food safety law.