Research On The Pre-warning Legal System Of Grain Security In China

Grain security is the most fundamental issue related to the human living and development. As to China, a giant country with a population of more than one billion, it has been one of the top activities for the government. However, the guarantee system of grain security has been basically relying on the government regulation, as a traditional method, on one hand; this diminishes the commodity nature of grain, and hinders the effect of market allocation; on the other hand, the excessive relying on government regulation would magnify the drawbacks of the regulations. The regulations are published to guarantee the grain security, but they are not able to adjust the price of the grain and ensure the peasants profit. In2010, National Development and Reform Commission announced a Pre-warning alert, indicating that currently the factors affecting grain security including the increasing discrepancy between supply and demand, weak support from the agricultural technology, shortage of foundational irrigation and water conservancy system, restrain of the land and water resources, and low income from the food crops, etc. Within the context of world and domestic grain security problem, the actions to guarantee grain security in China becomes the focus of the world.The Pre-warning system will be the foundation of grain security. It is significant to enhance the national regulation, prevent and eliminate the grain security risk. The operation of Pre-warning system involves all the stakeholders, In order to manage the relationship between stakeholders, law becomes the best option, as it has the characteristic of authority, standardization, etc. The regulation of grain production, transportation, storage, consumption, and alert through legislation will be benefit to prevent and control the risk, and sustain the dynamic equilibrium between supply and demand. Facing the reality that the grain security becomes more severe, it is necessary to ensure the grain security based on the stability and definiteness of law, at the mean time of investigating through economic approaches. There has been extensive study on the design of model to guarantee grain security from economic point of view; however, it is still in lack of investigation from legislation point of view.Based on the issues related to the legislation of grain security will be proposed to the concept of grain security of Pre-warning system. Through the analyzing of current grain security precaution situation, four problems are summarized within the grain security Pre-warning legislation system, which are fragmentation of the legislation, unclear principle, obscurity of the subject and liability, and inappropriate Pre-warning scope and approaches. By comparing to the experience from developed countries, and based on the domestic situation, four indication have been proposed, which are unified legislation system, independent Pre-warning agency, complete Pre-warning information collection and communication, and high management level of Pre-warning system. Based on this investigation, it is found the optimum way is to regulate grain security precaution system through legislation. The approach to complete the system includes regulation on the principle of grain security precaution, regulation from individual states and the actual situation from these states. The aspects includes constituting the unified grain security Pre-warning legislation system, ensuring the principle of related laws, defining the subject and liability, modifying the precaution scope and approaches, thus to complete the grain security Pre-warning legal system.