On The State Protection Of Consumer Rights From Food Safety Perspective

It is common and frequent nowadays that food-safety-related consumer rights have beeninfringed severely while food safety incidents happen time to time, especially the right as follows: theright to safety and security, the right to information, fair trade rights, and right to claim. The nature ofstate determines itself the most important and crucial role to protect consumers’ rights. The state isable to optimize allocation of food resources and penalize the food related illegal activities, whichnaturally realize the goal of protecting consumers fundamentally. It is the reason that the state shallundertake the responsibility of resolving the violations to consumers by food safety incidents. Fromfood safety perspective, the measures of state protection may be divided into two sections,pre-regulation and prevention versus remedies-afterwards and accountability: Pre-regulation andprevention refers to the state shall build up full supervision mode (farm-to-table), guarantee the foodsafety during transportation, regulate use of food additives, formulate food safety standard, controlfood safety examination, etc. Measures stated above are closely related to the consumers’ right tosafety and security, right to information, fair trade rights and supervision rights. As to theremedies-afterwards and accountability, the state should add punitive damages system based on theprevious accountability rules and regulations, while standardize compensation for mental injury andemphasize the sentencing, which is the pre-condition of actualizing the consumers’ rights of claim.Without the mandatory and necessary measures stated in this essay cannot realize the true protectionof food safety related consumer rights.