The Research On The Food Safety Supervision Legal Regulations In China

Food is the basic material of human existence and development. Food safety has a direct bearing on the three meals and life safety of ordinary people. The theoretical research of food safety supervision legal regulations could be a guide for the building of China’s food safety legal regulations in world outlook and methodology, as well as for the practice of food supervision. The most urgent task is to figure out fundamental ways to perfect the long-term legal regulatory mechanism, which is also the purpose of this study. Based on the theory that law should be responsive to social demand, this paper tries to make some breakthroughs in the study of food safety supervision legal regulations.This article is arranged according to the idea of raising, analyzing and solving problems with the integrated use of historical analysis, comparative analysis and empirical analysis. It is based on the study of supervision pattern and legal regulations of China’s food safety. Entering from three typical cases, citing some scholars’views, learning from foreign countries and focusing on China’s food safety regulatory system and legal regulation, the paper discovers some possible deficiencies and shortcomings of government regulators that may be present in food security and makes a thorough research on the current food safety regulatory issues and countermeasures. Apart from introduction and conclusion, the paper is divided into four parts.The first part is the origin of questions. Through the analysis of three typical food safety incidences and from the evaluation of the actual operation aspect of the food safety regulatory, the author concludes general problems from the cases analysis:the regulatory system is found imperfect; the supervisors’negative inaction is not accounted; the regulatory rights and responsibilities set are unreasonable. The existing legal regulatory system is lack of integrity, food safety standards, inspection and testing institutions. The information disclosure mechanism also needs to be sound. The reasons for these problems are complex and inter-related.The main line of the second part is the analysis of the status and deficiencies of China’s food safety supervision. It discusses and explores two aspects of the regulatory model and legal system concerning food safety. By sorting out food safety regulatory system, the food safety-related laws and regulations and local rules, learning from the results of previous researches, the author summarizes the main deficiencies of the current food regulation that may exist. First, the regulatory institution’s settings in China’s segmented regulation mode of food safety aren’t reasonable enough. Second, the legal regulation in terms of food safety supervision isn’t perfect enough. Third, China’s food safety regulatory standards are deficient or redundant to some extent. Fourth, the information disclosure system isn’t valued enough.The third part describes three different regulatory regimes respectively in America, Europe and Japan through in-depth study from theory to practice, and summarizes the good practice and successful experiences concerning food safety supervision for China to consummate its food safety legal regulation. The principal conclusions suggest the possible ways out, including a sound food safety legal system, a unified institution for regulation and coordination; developed and improved food safety standards; good information tracing and disclosure system.The fourth part is to propose countermeasures. the author believes that the protection of food safety must proceed from the improvement of legal regulation:to better the formulation and enforcement of legal rules, especially Food Safety Law, and establish a multi-subject supervision mechanism; to consolidate the building of legal regulations in food safety; to speed up the unification of food safety standard system so as to promote the implementation of Food Safety Law; to modify the information disclosure system from the perspective of legislation.The author hopes that through the above analysis and improvement, this paper can be helpful to the perfection of China’s food safety supervision.