Our Country Food Security Law Safeguard Mechanism Research

This first chapter mainly for the introduction of this paper, briefly introduced the domestic and international food safety situation, and the current severe food safety situation fully show that China’s current for food safety laws safeguard mechanism research of urgency and necessity.The body of the text, this paper first food safety related concepts and the legal mechanism to ensure the food safety theory is discussed. This article refers to food:for people to eat or drink on human health has a trophic effect in the finished products and raw materials. Food security refers to the relative safety of food from the plantation to consumer, this a series of links, there is neither timely nor the presence of potential risk, risk. The food safety risk is the probability, severity and the harm result function. Food safety and food quality is a guarantee of food quality. Through the legal mechanism to ensure the food safety basic economics two:the principal-agent theory and game theory. Food consumer and food operators for food information mastery in a kind of unbalanced non equal status, serious damage to the food to consumers that the food security, the right to know and the right of suggestion. In order to safeguard food security, food consumers right to know and the realization of the right of legal advice, it is necessary to enforce food production operators to take the initiative to publish information about food and makes the explanation; at the same time, in the form of law enforcement to support food consumers into food safety management field. Safeguard food safety legal basis includes two aspects:the jurisprudence basis and economic basis of law. Food safety jurisprudence basis of specific performance of Contract social theory. Food safety is the foundation of economic law of economic law idea, in which social departmentalism, demanding food safety work must from macroscopical on in society in all food safety guarantee, in the food safety law for the food safety, the " priority of the interests of society "; the moderate intervention and the concept of balance concept countries in the field of food safety in food market intervention should adhere to the relative safety and absolute safety adj intervention principle. Secondly, the article introduces the developed country food safety legal safeguard mechanism, to consummate our country food security legal mechanism provides the extraterritorial experience. The current developed country food safety control system is mainly divided into two categories:the first category is Germany and Australia as representative, to control risk, food safety management departments to an independent food safety agencies, by the mechanism of food production, circulation and consumption of the whole process of unified regulation; second category is based on the United States and Japan as representatives, through the more definitive management main body division of labor to realize the food safety supervision of the whole process. Foreign food safety legal system practice enlightenment for China are:first, on the theory of risk analysis as the construction of food safety legal system foundation. The second, emphasize from farmland to mensal whole process control. Third, straighten out the management system, the establishment of sectoral coordination mechanism. Among the various departments of the national food supervision coordination is an important feature of the system. The fourth, emphasize the supervision of public opinion and social participation, to ensure the food safety information to the public, transparent. Again, this paper discusses the food safety problem of our country’s present situation and the restricting factors and food safety legal protection mechanism. The food safety problem of our country current situation can be summarized as the following four aspects:first, the food safety problem. Second, food safety problem complexity, third, food safety problems in generalized. Restrict our country government food safety factors mainly from four aspects:food legislation factors, food production operators factors, food regulators factors and food consumer factors. Our country " food safety law " the greatest progress is introduced into the risk analysis model. However," food safety law " has its own limitations, such as the food of consumers safety rights, right to know, right of suggestion provisions are too general. In addition to the high-tech food safety issues, the author also made development discuss.The last chapter put forward to perfect China s food safety legal safeguard mechanism of specific recommendations, main way is as follows:first, the establishment and improvement of food risk management system; Second, establishment of food safety risk communication mechanism between government and the public; Third, construction of the food safety information exchange mechanisms, further strengthen emergency management system, improve the food safety early warning system; Fourth, establish good food credit system;Fifth, timely construction of various types of food safety accident compensation mechanism, including the establishment of food safety system of enterprise compulsory insurance, clear food safety traceability liability subject and the construction of major food safety accidents first compensation system etc.; Sixth, Food Safety Commission as the supervision of food safety administrative body, to upgrade its position, expanding their power; Seventh, perfect food safety responsibility system.