On Legal Liability System Of Food Safety

Food is the material basis of human survival and human development, isprerequisite for inheritance of human beings. Food safety, as a barometer of ensuringpublic safety, is concerned by more and more governments around the world. With thedevelopment of science and technology, constant advance of packing industry andclose contacts in the trade of the world, food production and circulation have beenbeyond the scope of a country and begin to circulate in the world big market. We cansay that food safety is also a touchstone of enterprises and countries’ long-termdevelopment in the world market, at the same time, food safety also relates to nationaleconomy and people’s livelihood. China’s special national conditions make ourcountry food security face a serious problem, which pushes the food security of ourcountry in the teeth of the storm. Facing the rigorous problem of the food safety, wemust adopt measure to control it, which is the inherent requirement of building asocialist society ruled by law and the external need and guarantee for the people. Thelegal responsibility plays an important role for the smooth implement of laws, so theregulation on the legal liability is the emphasis on improving the food safety. However,legal liability system of food safety still exist many problems in our country at present,which need us to analyze earnestly and solve properly. This paper makes a probe intothe legal liability system of food safety, and hopes to draw some beneficial opinionsthat are helpful to the food safety legislation, law enforcement and judicial, which isbeneficial for the food safety law system to play its proper function and value.This paper consists of four parts.The first part is an overview of the legal liability system of food safety. Itanalyzes connotation about the legal liability system of food safety by food safetyincidents occurred frequently in reality and its concept focuses on legal responsibilityof food safety. Based on discussing the concept of food safety legal liability, thispaper breaks through the shortcomings of dispersed defined, and integrates foodsafety definition and definition of legal liability, in the end, elaborates on theconnotation of food safety legal liability in a new light. Then, it discusses the need of food safety responsibility system construction by a number of food safety events. Itreach the conclusion that the food safety is a big issue about people’s livelihood andeconomic by analyzing the grim situation of food safety and function and value offood safety legal liability system. So it is necessary to improve the food safety legalliability system, and will brook no delay.The second part is analysis of the United States, Germany, and Japanese foodsafety legal liability system. Although different countries’ social system, the legalsystem is not the same and regulation on food safety legal liability also is different,the destination that they prevent food safety problems is the same, at the same time; itis helpful for legal responsibility regulation of these countries to the food safetysupervision. The United States pays more attention to the system construction and thelegislation construction and put different food categories were used in accordancewith the law to regulate, so that food safety is more strict and effective. Germanyfocuses on laws and regulations, and Germany has perfect measures in theimprovement of food safety law and the food safety regulatory processes. Japaneseemphases on the tightness of the legal and science, food safety not only pay attentionto more punitive, put prevention in the first place. Through the research of food safetylegal liability system of these countries, learning the advanced legislative experienceand perfect way of law enforcement, with China’s actual conditions, so as to improvethe food safety legal liability system in china continuously.The third part analyzes the present situation of the legal liability system of ourcountry food security and the insufficiency, in the system of civil liability, theimputation principle of civil liability and civil liability system is the main bottleneckaffecting the function of civil liability system in China’s value. In the administrativeresponsibility system, due to the administrative legislation of food safety problemsand administrative liability provisions are not clear, coupled with the administrativeaccountability form operability is not strong, accountability procedures are not perfect,leading to food safety is often unfair in the event of administrative processing. Thesystem of criminal responsibility, because of the " criminal law " lag in the relevantfood safety crime accusation system, justness in the " criminal law " relating to food safety crime penalty and narrow in the criminal law of food safety crime punishmentscope, so it does not reflect the good function and deterrence legal prevention.The fourth part is the countermeasures for defects existing in the legal liabilitysystem of the food security offered the suggestion of perfecting. In the system of civilliability, is mainly the imputation principle of civil liability of unified food safety andimprove the food safety of civil liability compensation system; in the administrativeresponsibility system, make administrative legislation of food safety reasonable andperfect, improve the administrative responsibility of the main settings and lawenforcement departments of power allocation and perfect the administrativeaccountability system and accountability procedures as for the criminal responsibilitysystem; for the Regime of criminal responsibility, it stresses criminal accusation setupabout food safety, the perfecting of penalty setting and on expanding moderately thescope of punishment of food safety’s crime.