The Research On The Legal Supervision Of The Animal Derived Food Safety

As time goes on, food safety has already been one of the most important issues ofconcerns. Within all sorts of food, animal derived food, such as meat, egg, milk, hasits advantage and disadvantage. It is full of nutrition, which is its advantage. And itsdisadvantage is that the globalization of food industry and the new techniques of foodproduction and food storage bring great danger to our life. The animal derived foodsecurity of China is quite severe, the food chain which we live has become veryfragile, especially food-borne contamination of food safety incidents. Facing the newcondition appearing, it is necessary to carry out the legal regulation of food safety,which is needed by building a socialist rule of law and ensuring the health safety ofpeople. Legal responsibility that as the smooth implementation of the protection of itsregulatory system also should be continuously improved, but for our country’s lawsystem of food safety which has many problems needs us to make the furtherresearch.Five chapters are included in this dissertation.In the first part entitled “introduction”, the author disserts the significance of thefood security to a state and the nation, by listing the food safety incidents thatoccurred one after another. Then it reviews the research on animal derived food safetyin China mailand and overseas, and introduces the theoretical and practicalsignificance, and then it proposes ideas and methods of the paper.The second part is aimed to determine the basic concepts, such as animal-derivedfood and animal-derived food safety, which is of great importance for the whole paper.And it also profiles the theoretical foundation and the main influence factors of theanimal derived food safety legal supervision system of China..In the third chapter, three most important countries have been talked about aroundthe animal-derived food safety legal supervision system. Analysis has been done totell the characteristics and inspiration to us china, with the intention to enlighten theway how we construct our own reasonable and just legal supervision system.The fourth part is following the above chapters, describes three aspects that havebeen viewed disadvantages of our own supervision system, including the aspect ofadministrative law, the aspect of civil law and the aspect of criminal law. In the firstaspect, we discuss the problem of not-present governmental food supervision and thenot-independent power of the court. The second aspect is concerned with the principleof liability for fault and the compensation system in civil law. Then as the third aspect,the dilemma of the criminal law on the animal-derived food safety supervision hasbeen profiled. In part five, the author proposes some suggestions to improve the animal derivedfood safety legal supervision system, which include three aspects too. In theadministrative law, the independent power is advised to be given to the court, a animalderived food safety committee should be set up, and the food safety regulation subjectshould be made clear. In the field of civil law, the liability without fault system andthe three-in-one compensation system need be erected. In the criminal law, thespecific provision of animal derived food safety criminal should be changed, thespecific charge should be altered, and the penalty should be made heavier. All thesemeasures are aimed at ensuring the animal derived food safety through the legalsupervision system.