On Administrative Nonfeasance Of Food Safety Supervision In China And Legal Countermeasures

Recently, there have happened significant food safety incidents one after another, like the incident of Shuanghui clenbuterol-tainted products and poisonous bean sprouts incident in Shenyang, which make the ordinary people nervous and also reflect the administrative nonfeasance of food supervision in our country. It has been a hot topic about how to remedy the administrative departments’nonfeasance in the field of food safety supervision in such serious and complex food security situation. The main exhibition forms reflected in the two administrative nonfeasance cases, are listed as the following three aspects:untimely supervision, incomplete supervision and refusing to supervise.These illegal behaviors not only seriously endanger people’s life and property safety and national security, but also cause the absence of the government function and are harmful to the goverment to carry out its official duties in accordance with the law, thus damaging people’s trust and the image of the government. According to the analysis above,I think there exist the following several reasons:firstly, the model of food safety regulation in subsection leads the principal duties and obligations of administrators unclear and indefinite, which blocks coordination mechanism between the supervision departments; secondly, the regulatory department lacks funds with too many regulatory objects; thirdly, the responsibility purview division of every regulatory department is not clear, causing the enforcement range of food safety regulatory field equivocal; fourthly, a defect is that administrative nonfeasance is not as the provisions of bearing the legal responsibility, making judicial departments" proactive intervene in administrative nonfeasance very difficult.In order to remedy administrative nonfeasance of food safety supervision and ensure the safety of people’s life and health, countermasures are put forward as the followings:1) to definite the regulatory departments’ power range and strengthen coordination between various main departments of supervision;2) to perfect the administrative litigation system and bring the function into play that the judicial administrative shall solve the dispute of limits of administrative power:3) to make further clear the scope of regulatory obligations and legal responsibility for nonfeasance:4) to perfect responsibility system against food safety laws, enlarge the responsibility range of main duty officers for the charge of nonfeasance and introduce state prosecutor system in the administrative responsibility mechanism, whoever in the know as the third person to be included in the administrative responsibility system and administrative compensation as one form food to bear food security liabilities;4) to strengthen the food supervision team construction and improve the supervision enforcement ability.