On Food Safety Reporting System

Food safety has become a important subject to the public, the frequently outbreaks of food safety incidents not only threaten the health and safety of the public, but also test the government’s response to the food safety incidents. Report system can not only increase the cost for the criminals violating food safety regulations, also can attract the public to actively participate in the construction of food safety system, reduce the management cost of the government.Although the food safety report system play a significant role in food security, there are many defects in our country’s existing report system.First of all, the problem of food safety laws and regulations in the aspect of application includes the following several aspects:Firstly, to the problems of the complicated subjects who accept food safety report and the unclear filing standards, the government can let an organization to accept reports, can explicitly register standards and shorten the recovery period. Secondly, different parts have different rules about the accept period as well as the legal application problems, so we can unify regulation report to accept the deadline or to report the condition is accepted. Third, in the process of administrative investigation, the government should protect the reporter’s safety, and reporter’s helping obligation is only a "burden" of engagement. Fourth, the government must reply reporter timely after the investigation or a report case, reporter reply belongs to the specific administrative act.Second, the main problem to protect reporters’legitimate rights and interests including four aspects:first, the security person’s privacy, the government shall fulfill their obligation to confidentiality and correctly treat citizens report anonymously. If the government violate this obligation, the reporter can bring a national compensation case。During the case process, the judge shall examine the legality of secrecy provisions, the burden of proof for the performance of the confidentiality provisions lay on the government. There is a close relation between the government information opening and the obligations to keep reporters’ information secret, relative person can apply the government to open the result of some report cases, but need to demonstrate a link between himself and the requirements of the public information. When government disclosure the information, it should take relevant measures to keep secret for the reporter and cannot refuse the relatives by the reason of personal privacy. Second of all, the whistleblower occupational protection, when an employee report illegal acts of his employer, besides the protection measures above to protect the legal rights of the reporters, it also need fully protect by the labor law and other related laws. In the proceedings, to the employer’s revenge, the court should observe "contributor" standards of burden of proof. Third, we should protect whistleblowers reward of a multiple subject and special subject report reasonable allocation of bonus, the behavior of the supervisory authority to issue bonus belongs to the category of the administrative litigation. We can also take measures to protect the reporters’ safety, take preventive protection measures and protect reporters’ close relation.The management of food safety is a complex systems engineering, and based on the government’s regulatory or depend on the relative person’s report is difficult to achieve a comprehensive solution to the problem of food safety, we need multiple dimensions of governance to solve food safety problems in our country.