A Study On Legal Problem Of Food Safety Risk Prevention

Food is the paramount necessity of people and food safety is of great importance.As the basis for a healthy life, food safety is closely related to the health and lifesecurity of people as well as to the economic development and social harmony.However, with the development of society and economy, we have to deal with thefood safety crisis after the settlement of the food and clothing problem. We have beenexposed to a dangerous society where the problem of food safety is becoming moreand more serious. The behaviors of unscrupulous businessmen destroyed the creditenvironment of the whole society. We have to deal with the risks of food safety at itsroot, which could really take effect. As the old saying goes, preparedness ensuressuccess and unpreparedness spells failure. Only when we control the risks brought bythe food safety crisis, can we prevent the food safety incidents.At present, the definition of food safety has been beyond the scope of being‘toxic’ and ‘nontoxic’, and the management measures and means is no longerconfined to the scope of ‘banning’ or ‘allowing’. It generally incorporates thejudgment of the possibility of risk and the value of safety, which is also the fact thatthe food safety legislation decision-making should be based on. When the law is facedwith the uncertain risks of science and technology, the obligation of the state is togradually promote to the level of risk prevention. When we are in a risky societyfaced with crises and challenges, the precautionary principle, which has been widelyused in environmental risk guidelines of scientific uncertainty, gradually displays itseffects in the field of food safety. The precautionary principle is substantially a kind ofprotective thinking before the danger happens, whose purpose is to prevent theoccurrence of danger. From the perspective of prevention,this article will provide youthe legal ideas embodied in the following systems in China such as the food safetyrisk supervision and evaluation system,food quality market entry system and foodsafety standard system, in the hope of offering some initial knowledge for later study.This article will be divided into four parts:In part One,I will put analysis on the current legal system of food safetyrisk-prevention,and try to figure out how it works.In part Two, I will point out the problems existed in the current system,andthrough the analysis to put forward a satisfied project to solve the problems. In part three,I would like to introduce some implications and experiences of thedeveloped world,especially the USA. Specific measures taken by the typical EUnations and the basic experiences distilled from the developed world shall be providedfor references.Comparative analysis approach is the main research method of thispart.In part Four,I’d like to offer my humble advises and suggestions to therisk-prevention of the food safety.