Legal Issues Of Government Supervision Of China’s Food Safety System

Abstract:The perfection of the system of food safety, government regulation is one of the important topic in the field of food safety, it is directly related to the establishment of the normal order of the field of food safety in China, and related to the public’s health and life.With the variety of food and the rapid development of the industry, the problems of the current food safety regulatory system is becoming increasingly prominent. According to the "Food Safety Law" and in March2013the State Council promulgated the "institutional reforms and functional transformation program", China’s food safety regulatory system is Sub-regulation on the horizontal segment regulatory supervision mode and by the local government who is primarily responsible for the longitudinal mode. Sub-regulation led to lax regulation and waste of regulatory resources.That local governments are mainly responsible for the mode led to reducing the effects of law enforcement and causes the phenomenon of local protectionism. Based on this, the author analyze the status of government regulatory system of food safety, point out the problems of the regulatory regime, and propose further constructive suggestions to improve food safety regulatory system.That the key point of this article is:food safety is a radial chain, to achieve food security,we should abandon sub-regulation, use the type of regulatory approach, and establish unified food safety regulatory agencies, so as to reduce or avoid back and forth between the push and pull of the regulatory bodies. Depending on the regulatory object, according to the basic set principles of the agency, food and food additives can be supervised by the agricultural sector, and food-related products can be supervised by the quality supervision department. In the longitudinal direction. we should divide regulatory authority of the central and local, based on the reasonable range of regulatory object of production, processing land and land sales, thereby reducing local protectionism, improve the effectiveness of law enforcement. According to the regulatory characteristics of the object, food additives and food-related products should belong to the scope of the powers of the central,and food should be shared by the central or local. The entire article is divided into four main parts:Part Ⅰ:after making the object of this paper clear, serious studying of our current food safety regulatory system,I point out the problems of the system as well as the adverse consequences.Part Ⅱ:from the macro level,I point out the basic principles that China’s food safety regulatory system reform should comply-rights and responsibilities consistent principle, and then put forward three specific requirements we should follow in the system reform.Part Ⅲ:Against problems exist in China’s food safety regulatory system on the lateral, to prove that China should adopt a uniform type of regulatory approach to the supervision of the whole process to fork from farmland (raw) food, food additives and food-related products (products),I look for a variety of domestic and international legislations, use interdisciplinary research methods and text analysis. Then according to the basic principles of the institutional reforms and regulatory characteristics of the object itself, the agricultural sector should be responsible for the supervision of food and food additives, the quality supervision department for food-related products.At last,I point out the specific custody of the institutional reform of the agricultural sector and the quality supervision department.Part Ⅳ:Against problems exist in China’s food safety regulatory system on the vertical, I combine argument and Refuting method to demonstrate. In the longitudinal direction.we should divide regulatory authority of the central and local, based on the reasonable range of regulatory object of production, processing land and land sales,thereby reducing local protectionism, improve the effectiveness of law enforcement. According to the regulatory characteristics of the object, food additives and food-related products should belong to the scope of the powers of the central,and food should be shared by the central or local. At last,I point out the specific custody of the institutional reform of the central food safety regulatory system, local food safety regulatory system and other supporting systems, as well as food security division.