Research On Legal Issues Of Food Safety Supervision

Food safety has always been one of the focus of the public, not only it relates to thelivelihood of the people, but also affects the overall situation of national stability, and reflects theruling ability of the Chinese Communist Party and the government. it is one of the importantcontents should be solved in the process of building a harmonious society in our country.However, with a large number of food safety problems reported, people care for the safety of foodwith more worries, therefore, it is necessary to strengthen the legal supervision of food safety inorder to resolve food safety problems.At present, there is big gap of the supervision system of food safety exists between China andthe developed countries. Supervisory subjects and measures in the legal regulatory system of foodsafety should be improved, and repeated supervision, supervision vacuum have made seriouseffect on food safety in our country. Based on this, to improve the legal supervision system of foodsafety as soon as possible in our country, has very important practical significance to the people, tosociety, and to the development of economy and trade.In this article, through analysis of current situation and existing problems of food safety inour country, summing up food safety regulation experience of the European Union, the UnitedStates, Japan, Canada and other countries. Combining our country’s basic national conditions andthe legal regulatory system of the status quot, starting with the aspects of label system’simprovement, standard system, and clear regulatory authority, this paper systematically putsforward the idea and framework of food safety regulation in our country, in order to put forward policy suggestions about the construction of our country’s food safety supervision legal systemwith Chinese characteristics.This paper mainly expounds from four parts:The first part, through the basic problems of food safety supervision, illustrates the basicconcept and value analysis of food safety, the theoretical basis of the food safety supervision, andthe basic construction of regulation, etc.The second part, summarizes the legal supervision system of food safety situation of thedeveloped countries and concludes the enlightenment to our country. There is a full equipped lawin the legal supervision system of food safety situation in the developed countries, such as settingstandards law and standards of food safety, having a clear division of responsibilities in regulatoryagencies, and controlling the whole process, etc. In this part, it mainly introduces the status quotof food safety regulatory in some countries or regions, as a reference, in order to improve andperfect the level of food safety supervision in China.The third part, analyzes the current situation of our country’s food safety regulatory from theangle of legislation. First of all, overviews the model of regulation at the present stage of ourcountry, it namely, the fragmented regulatory model, regulatory decentralization of the central andlocal regulatory departments at all levels, and makes a further clarification about the regulatoryauthority of supervision subject. Secondly, makes a further introduction about the present situationof regulation in our country, establish a series of institutional system, etc. Finally, points out themain problems of food safety supervision in our country, such as defects of regulation basis,loophole of supervision system, and ambiguity of supervision subject.The fourth part, puts forward the legal advice to perfect food safety regulation of our country, and on the basis of the former three parts, it mainly introduces the laws and regulations system inorder to perfect food safety supervision, perfects the legal protection system, and strengthens thelegal regulation suggestion of supervision system, etc.. Firstly, establishes the basic law of foodsafety through the principle and objectivity principle of food safety objectively, and extends itsscope to laws and in further implementation,etc. The following principles should be followed inthe process of setting: the precautionary principle, process principle, the principle of riskassessment, the principle of traceability, etc. To ensure the clearness, accuracy and coherence ofthe food circulation information, to provide data reference to be tested to the food safety ofsupervision department. Secondly, it is necessary to learn the advanced system of foreigncountries in the legislative work, to draw lessons and absorb foreign mature legislation mode, andenable the legislative work keep in line with international standards. Once again, to strengthen thesupervision of supervision, law enforcement and supervision departments implement its functionscorrectly, the function of its food security can be a real play. Finally, to strengthen lawenforcement and supervision, a system of administrative accountability should be carried outwithin the administrative organ, and to strengthen supervision to the National People’s Congressand its standing committee outside. At the same time, with the acceleration development ofelectronic information technology, and the needs of the development of times, online office will beadopted, etc.