The Study Of Food Safety Law System In China

The problem of food safety problem is not only a part of China, but also has become a global problem.For example,From China’s Nanjing "lobster" incident,"drainage oil" event ", Hainan toxic cowpea" eventand so on,to Germany "poison egg" incident, British "infant milk powder aluminum exceed the standard"events, food safety incidents emerge in an endless stream. Food as a material basis for the whole humanbeings survival, food safety not only related to each people’s life and health, but also affects the credibilityand the cohesion of the whole country directly. The issue of food safety has attracted more and moreattention, many delegates put forward the proposal about food safety in this year’ NPC and CPPCC,theissue of food safety has become more and more seriously and urgently. Along with the "food safety law"promulgated, the food safety committee setted and food safety risk assessment center estabilished and so on,A series of measures have been taken to show that the government spare no effort to deal with the problemof food safety. In this thesis, I hope to find the lack and insufficient of present situation through analysisand research. Finally,we can absorb the successful experience of advanced countries and combine with thedevelopment situation of our country, and improve China’s food safety legal system gradually.This thesis is divided into four parts.The first part is a brief introduction of food safety definition, and the reason of the food safetyfrequent in China. I have analyzed the influence of food safety from many aspects,such as, natural factors,the reality and human factors. In this paragraph,I want to describe that the problem of food safety hasbecome more and more serious and urgency. In future days, We must pay more attention and take greateffort to solve this problem.The second part include that the situation of Chinese food safety legal system from four aspects.Suchas,food safety legal system, supervision system, standard system and mechanism of legal liability, In legalsystem aspect, compare with other developed countries,the laws and legal system are lag behind. Insupervision system aspect, China’s current multi-sectoral co-regulatory unclear, vague division, lowefficiency,lack of continuity and consistency has become a common phenomenon.In the standard systemlevel, China has not formed a completed and matched food safety standard system, the standard is lagging behind, low standard sampling, lack of risk assessment as the basis, So, there is a gap when compare withinternational standard. In the legal responsibility for punishment level, punishment is relatively weak, theexisting laws and regulations on the punishment of illegal activities of food safety seems to no heavy, Thecurrent legal punishment not only can not play a good protection, but will cause for violations ofappeasement.The third part mainly elaborates and analyses food safety legal system of the advanced countries,mainly elaborates several representative national legislation, standards and supervision system of UnitedStates, the European Union, Japan.Through compare with the successful experience of the advancedcountry, we can find that although these countries have different political system, social system, historicalbackgrounds, and different the legal system of food safety, supervision mode,but their successful in theaspects of food safety is obviously, these are derived from the attitude and philosophy when they to treatfood safety problems. For example,the United States is recognized as the most successful country ofsupervision system. the EU has always been well known as a effective supervision union, Japan set up aadvanced principle is that "when find the problem of food safety, the first fault is the government".Inaddition, these advanced countries pay attention to laws and regulations integrity, they always to adhere theprinciple of "full supervision from farm to table", emphasize the core idea of "prevention first", strengththe supervision of raw materials. Both the independent or department supervision mode pays attention to aclear division of labor.The fourth part mainly talk about measures to solve the problem of food safety. we can puts forwardrelevant suggestions and countermeasures through learning the successful experience of developedcountries. we shoud construct a reasonable legal system of food safety in further days. In the supervisionsystem aspect, identify vulnerabilities and absence of supervision at present, we must improve the relevantsystem in the present framework of supervision mode. And gradually combine a standardization, cleare and efficiency supervision system.We should insist on the principle of "prevention","from farm to table" fullsupervision.In the aspect of food safety standards, the urgent promble is to strength the work of combingthe integration of food standards, establish a scientific and applicable food safety standard system bothChina’s sitution of development and integration with the international as soon as possible. In thepunishment mechanism aspect, we can increase penaties for relevant responsible people to strengthviolations deterent of food safety.