The Purpose Of The Legislation Of Food Safety Law In China

Food security is closely linked with the human society.Food safety problem is not only related to the people’s life safety and body health, but also directly affects the national economic security and social security, which is to establish good market economic order and social stability, and then influence the development of economy and society.Nowadays, the problem of food security is a global problem, in our country also intensified. How to select and determine the food safety legislation purpose, values and goals, and then as a basis for legislative activity scientific and effectively promote the implementation of the law, is a subject of legislators are very important.In today’s world, Japan and the European Union have in the field of food safety to establish a legal system more sound and perfect, relevant legislation idea, aim, objectives and specific measures to set up more complete, and has achieved good results in the practice of law, is a role model for the world food safety legislation. Our country in2009through the "food safety law" also draws on the experience of the relevant countries successful practices, and established "to ensure food safety, the purpose of legislation to protect public health and safety", and introduced include "full supervision concept from field to table", a number of advanced legislation idea and system. However, because of the purpose of legislation established on incomplete as well as specific system as the guiding thought for constructing the insufficient, coupled with the domestic factors related legal environment, our country "food safety law" did not achieve ideal effect in the spread, food safety problem has not been fundamentally curbed the momentum.Therefore, it is necessary for us to reflect on the current legislative aim and system, review related concept, Japan and the European Union’s aim and system, to improve the relevant legal provisions in our country.In addition to the introduction and conclusion, is divided into the following three parts:The first part, discusses the connotation and value of the legislative purpose of food safety law. Firstly, the concept of food safety were discussed, and on the basis of the difference between food safety and food hygiene, food quality concept to carry on the careful comparison, thus the concept of food safety to make a precise definition of connotation and denotation. Secondly, the concept and content of food safety legislation principle is discussed in detail, the specific content of the food safety legislation that includes three aspects, namely, to ensure the food safety and public health and safety, safeguarding the economic order and social order, safeguarding the interests of the whole society. In addition, a detailed analysis on the food safety legislation purpose value, which contains four aspects, namely, the establishment of food safety legislation purpose, design of food safety legislation guiding ideology, all the provisions of the law does not expressly provided, the legal basis of the enforcement basis.The second part, mainly on the basic concept of the legislative purpose of the food safety law should be established in detail. These concepts include four kinds, namely the concept of food security, protect the human health and the interests of consumers, the concept of "from farm to table" food whole standardized concept of food safety incidents,"before and after the double supervision" concept. At the same time, combined with the related expression in legislation Japan, EU and other countries and regions are analyzed and discussed.The third part, is mainly to discuss the role of food safety responsibility or related subject, this part is the food safety legislation tenet implementation. First of all, from the State shall take the necessary measures to ensure the safety of food, an authoritative, scientific, specialized agencies for food safety in all aspects, should formulate corresponding standards and regulations and shall give full play to the role, function, discusses the government responsibility. Secondly, discusses Food Association corporate responsibility from three aspects, namely, clear to ensure the safety of food is between the first responsibility, food related enterprises of food related enterprises of mutual restriction, mutual supervision, strengthen food related enterprise’s illegal cost. Thirdly, the social public groups, especially the industry associations supervision responsibilities discussed. Finally, we can probe into the role of consumers in food safety supervision, embodied in the perfection of the consumer’s right to know, right to participate in and supervise.