Legal Analysis On Supervision Of Food Safety Introducing "Whistleblower Protection Act"in China

In2011, the event, exposed by the CCTV, about Shineway Industrial Grouppurchased the pork containing clenbuterol caused the social from all walks of life highattention. Shineway Industrial Group as the national leading enterprise in the area ofmeat product industry, claim that it has eighteen times product tests would giveconsumers eighteen security guarantees, but not including the test of clenbuterol. Andthe event became the social top topic by media coverage. But food security incidentshave not subsided. Emerged in2012’s "bright dairy event" and "fast-growing chickenevent" once again deepened the people concerns about food safety. As we wereindignant with the businessmen engaged in doing illegal behavior, we also be amazedby the slack supervision of government. At the same time, we must take notice of thenecessity of strengthen the supervision in the field of food service industry and perfectthe corresponding legal system.The paper used "Shineway clenbuterol event","bright dairy event" and "fast-growing chicken event" as examples and used empirical analysis method toinvestigate the three cases of events. Then concluded the corresponding legal systemproblem behind these events and further pointed out the basic reason of slacksupervision happened in the field of food service industry in our country. Finally,came up with some suggestions and conceptions.The paper is divided into five parts:Part I: An empirical analysis of the China’s food safety regulatory problems. Thispart analysed the three cases of events and problems they reflected by empiricalanalysis method. Mainly introduced the beginning and end of "Shineway clenbuterolevent","bright dairy event" and "fast-growing chicken event" and they reflected legalproblems. Then educed the topic of the paper: Analyse the problem of food safetyregulation in China from the legal perspective.Part II: The whistling institution applied in the United States. This part used thefour acts: Faslse Claims Act of1963, Civil Service Reform Act of1978,Whistleblower Protection Act of1989and Sarbanes-Oxley Act of2002, as thebackground. Mainly introducesd the whistling institution applied in the United States,and emphatically analyzed Sarbanes-Oxley Act. Part III: The value analysis of whistling institution applies in the field of foodsafety supervision in China. Firstly, this part introduced the present legislation in thefield of food safety supervision in our country. Then combined with China’s nationalconditions, it analysed the necessity, feasibility and risk about the whistling institutionapplies in the field of food safety supervision in our country. Lastly, it has carried onthe theoretical discussion for the whistling institution applies in the field of foodsafety supervision in our country.Part IV: The inspirations about internal food safety supervision in China from"Whistleblower Protection Act". This part introduced through learning and imitatingfrom "Whistleblower Protection Act", it had the following inspirations about internalfood safety supervision in China: Bring in the whistling institution, set enterprises theobligation of seting up internal whistleblower system, establish correspondingwhisling organizations and make the specification about the appointment of themembers of internal whisling organizations.Part V: The specific design about the whistling institution in the field of foodsafety supervision in China. This part introduced the design details, including thelegal relation of the whistling institution, the incentive institution of the whistlinginstitution, the processes of the whistling institution and the whistleblower protectioninstitution.