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A Study Of Legal Liability Of Food Safety Regulator

Posted on:2014-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:L X QiuFull Text:PDF
GTID:2296330425478669Subject:Economic law
Abstract/Summary:PDF Full Text Request
In recent years, food safety events are often reported in newspapers, it makes anegative impact to the whole food market. The Food safety is related to public health,social stability and the country’s rule of law, with the further strengthening ofgovernment regulation, food safety issues have been improved to some extent, butalso expose the abuse of power, favoritism and other drawbacks of regulators, theseproblems lead directly to regulatory inefficiencies and frequent food safety issues.The only set of regulators and be held strictly liable to make food safety regulators inawe, then can they make good job in the food safety supervision. This article is basedon China’s food safety regulators liability provisions exist as an entry point to start on,the same time learn from the experience of developed countries and regions, then tomake recommendations to the perfection of the legal responsibility of the Chineseregulators.This article is divided into four parts except of the preamble:The first part provides a brief overview of the basic theoretical issues of foodsafety regulators’ liability, this part mainly introduces the wide and narrow concept offood safety, and the composition of the supervisors as well as the definition andclassification of regulators’ liability and so on, this part finally discusses thetheoretical foundation of regulators liable: the protection of human rights and toachieve power and its responsibility.The second part has combed the current liability provisions of China’s foodsafety regulators from the two aspects of the regulatory bodies and regulators personal,and puts forward the following problems according to these regulations: Firstly, theregulatory responsibilities of the various departments is not clear due to the divisionof responsibilities is unclear; Secondly, responsible ways of regulators who haveviolate law are too single; Thirdly, our current law does not specify the content of theeconomic liability for the supervision of individual; Fourthly, regulatorsaccountability program is designed unreasonable.The third part describes the successful experience of the overseas countries andregions in the legal accountability aspects of food safety regulators. In France forexample, independent French administrative court system and civil service personalfinancial liability stipulates; The United States for example, stresses the advance form of law provisions of the food safety regulatory responsibility, and clear division ofregulatory agencies as well as to provide compensation to the victims; Theestablishment of China’s Hong Kong Independent Commission Against Corruption(ICAC) as examples, describes the effective supervision of the state administrativeorgans to promote citizen “Report-Survey–Handling” form of supervision andstresses the importance of the program of legal accountability process.The fourth part combines successful experience of developed countries andregions, and provides some suggestions for the problems of China’s food safetyregulators legal accountability: Firstly, Clear liability of food safety regulators fromthe legislative to prevent the functioning of the various regulatory authorities is notclear result in the division of responsibilities is unclear; Secondly, increase regulatoryorganization to assume administrative responsibility, and perfect supervision by thepersonal criminal responsibility, to break the existing legal provisions regulators bearthe status of a single illegal responsibility; Thirdly, propose to increase The regulatorspersonal content to bear the financial liability in our next legislative, to ensure therealization of the legitimate rights and interests of the food safety regulatory relative;Fourthly, using a variety of accountability to improve China’s food safety regulatorsaccountability procedures.
Keywords/Search Tags:food safety, regulator, legal liability
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