Study On The Domestic Implementation Of International Soft Law Of Food Safety Supervision

In recent years, the food safety problem in China is increasingserious, and the regulation of food safety has become a major challengefor China’s social transformation. Within this issue, the internationalcommunity has formed a huge legal system, and its main content is "softlaw" of which the international standard as the core. For theseinternational soft laws, China has a low awareness of it and its domesticimplementation level is low, which is a serious impediment to theimprovement of our country’s food safety regulatory system. Therefore,based on the traditional market regulation law, I will study on the issuewith a new perspective. Firstly the perspective is extended to thetransformation of international law into domestic law from onlydomestic legislation. Secondly the thesis faces up and attachesimportance to the existence of soft law and its role. Thirdly the thesistakes an evolution from simple transplant ideas to emphasizing itsdomestic implementation, to ensure a higher level of international softlaw in domestic performance. I hope to enrich the related theoryresearch system in our country, and to respond to and contribution toeconomic law and some legal problems.In this paper, firstly, I define the international soft law of foodsafety regulation. I will determine its connotation and denotationbased on the basic theory research in the field of international lawand the present situation and characteristics of international food safety regulatory system. I don’t only attach importance to the softlaw of organizations, but also pay attention to the soft law ofintergovernmental organizations and non-governmental organizations.Then I talk over the value of the domestic implementation ofinternational soft law of food safety supervision. This article willexplain the value of the domestic implementation of international softof food safety supervision from two aspects: the nature binding forceof soft law as well as the needs of domestic food safety regulatorytransformation. Besides, I summarize the present situation and problemsof the domestic implementation of international soft law on food safetysupervision. Our country already began introducing internationaloptional standard in the in the field of food safety supervision, butthere are a lot of problems. This paper intends to summary the situationof introduction and implementation to analysis the root of the problem.On the basis of the foregoing, I talk about the specific programs ofthe domestic implementation of international soft law of food safetysupervision. For the present situation and challenges summarized above,I design specific solutions of the domestic implementation ofinternational soft law of food safety supervision from the followingseveral aspects:(1) the domestic transformation of international softlaw;(2) supporting system of the implementation and the technicaldesign, mainly including the construction of food safety informationservice system, the improvement of the prevention system and the thingsin it supervision mechanism, etc;(3) the domestic implementation ofinternational soft law of food safety supervision and the supervisionmodel transformation.In this paper, I find that international soft law of food safetysupervision is not only a system and its implementation is not pure asystem introduction on the basis of comparison or supporting system andthe technical design, what’s more important is that the kernel "public administration" of international soft law is exactly a solution ofChina’s current food safety regulation. If we can introduce thepluralistic main body, the multiple regulation method and the multipleresponsibility through the implementation of international soft law,we will greatly save the food market transaction costs and reducegovernment inaction and low efficiency. This transformation is not justexcavating the kernel spirit of international soft law, but more needto make corresponding amendment of regulation mode and the system reliedon.