The Study Of Chinese Food Safety Regulation

Recently, with more and more attention paid to food safety, supervision of food safety has gradually become a hot spot, research on that is not only necessary, but also urgent. It can be said that, only theoretical research has been made maturely and scientifically will it be applied to practice and gradually perfect food safety supervision mechanism be established. What is more, effective food safety supervision mechanism is important for the forceful safeguard of individual life and health right, and also for the peace and harmony for the whole society, and more important for the opportunity that the government take to find reasonable transformation manner and enhance authority.Food safety law defines food as "all kinds of products and materials for human beings eating and drinking, and goods as both foods and drug except goods only for therapy" while food safety means foods meet the nutritional requirements without poison or harm, and do no cause any Acute, subacute or chronic damage to human beings. And in this thesis, supervision means market supervision, that is, relevant governmental departments regulate and supervise the operation of market, the object points to market players and the activities they participate in, the purpose is to maintain market and public interest, ensure the market players’due rights and good operation of social and economic order. In the context of contemporary China, supervision not only refers to western traditional contents of regulation but also some authorities to design specific market rules. Supervision mainly aims to correct market failure, maintain stability and perfect market economy system. The boundary of governmental supervision should defined in the following four aspects on the premise of limited government and service government, first, information release and other service, second, fatal food safety contingency response, third, daily and fundamental supervision on kinds of foods, fourth, formulation of fundamental and specific food standards which can not be set separately by industry association. Meanwhile, effective and accredited supervision need relevant systems’ cooperation to avoid supervision becoming the manner of political rent-seeking.Supervision should be a whole system, and usually divided into three parts, first, the setup and application of access system, second daily inspection, including supervision on food production, processing and circulation, as well as setup of information early warning system, third post-supervision, mainly including food safety contingency response. distribution on legal responsibilities and so on. And supervision can also divided into administrative and judicial aspects. This whole system functions to ensure food safety, avoid food contingency, and also necessity for guarantee of people’s health and maintain society’s harmony.As ruling by law has been the basic national policy, ruling by law has been more and more accepted, at present, china has established a wild scope and stratified food safety legal system. In respect of administration and supervision, governments cooperation has been taken. Judicial remedy for food safety has continuously improved under the background of tendency to consumer protection, in spite of difficulties of proof, local protectionism and other problems. What is more,"section mode of supervision" is applied in the microcosmic aspect, that is, food is divided into sections from production to consumption, and supervised by different ways according to different laws:the first section is the production of primary agricultural products, the second section is processing and production, the third section is the sale of goods of products produced in circulation, the forth section is consumption. In this four sections, Chinese food safety supervision has revealed four main problems, first of all, legal system of food safety still needs to perfect, which means relevant regulations are not complete, legal terms are obviously ambiguous,"fatuous laws" are too much, secondly, food safety supervision system is numerous, because food safety is supervised by sections, so conflicts and blind spots of supervision are unavoidable, in reality, departments are always reaching out to supervise and administrate, and after food safety contingency or problem arises, usually there is no department that can actually take responsibilities or solve problems.while mutual shuffle happens, third, food safety supervision is not sufficient, which mainly shows the low technical level, the weakness of daily supervision, strong arbitrary administration and absent supervision in rural areas; forth, the absence of social supervision on food safety, because the industry associations and the third-party organizations lack, the government unilateral supervision appears to be ineffective and not to solve the problems in both symptoms and root, it not only costs up administration, but also invisibly increase production cost of food enterprises.From global perspective, each countries’food safety supervision system is close to its national conditions and of different modes. American, European unions and Japanese food safety supervision are highly effective and have reference value for china:American food safety supervision is not only of perfect system, but also has clear division of work and establishes strict responsibilities. European union has gradually established a perfect supervision different from American when facing series of pandemic, and designs system of advancement, which are of great reference value for China, as a country close to Chinese diet, Japanese food safety supervision also offers great experience to China. The common characters of these three countries are diverse administrative departments and separation between risk assessment and risk management, and more inspires are:first, ruling by law is the important premise of food safety supervision on a micro level, second legislation should be perfect not numerous, third, departments’ sections of supervision is very important for enforcement and supervision, forth, judicially, the litigation remedy should be unblocked. Combining domestic situation and foreign good experience, the perfection of Chinese food safety supervision legal system should be critical. First of all, food safety supervision system should be innovated, which includes two parts, continuous perfection of legal system and establishment of reasonable administrative supervision system. The former needs at least three aspects to be realized, heightening the legal level of food safety regulations, inducing the ambiguity of law and enhancing the equality when applying relevant regulations, the later needs to be realized by the establishment of food safety risk assessment system, the perfection of the access to market and refinement of food recall system. Then, improvement of the food safety supervision subject, and endeavor in both strengthening governmental supervision and public participation. At last, supporting system of food safety supervision should be strengthened, first, perfection of market economy system and credit system, second, perfection of income distribution system, third, enhancement of moral construction.