Research On Legal Regulation Of Food Safety In China

Food safety incidents break out unprecedentedly in China. Expansion of the range offood safety incidents and coexistence of small-scale workshop and well-knownenterprises form a trend that is transregional, large-scale and aggregative; Runningwild of additive substance and reign over of latent rules from individual violationsmake food safety problems be evolved into food safety crisis.Food safety crisis cause serious consequences: not only hurt oneself but damage theinterest of public and thus increase social insecurity; Damage the image of foodenterprise and food industry; Damage to foundation of social integrity and reducecredibility of the government; Reduce the international competitiveness and damageto the nation’s image and interests.The sources of the frequent food safety problems are various. Asymmetry of foodmarket information, externality of food market and internality and power rent-seekingof the government are two aspects to discuss. At the same time, not effective the lawcan’t be ignored. At present, Chinese food safety laws are not very ideal both in thesystem design and the implementation. Food security liability insurance is deficient inthe design of legal system; Relationship of legal responsibilities of food safetyregulators remains to be smooth; The civil compensation is prior in to ignore thelinkage with other laws; Evaluate detection system is unsound and difficult to preventrisks effectively. On one hand in actual operation, food safety regulatory isshort-acting. Short-term effect of food safety supervision and management is seriousand it pays attention to subsequent punishment instead of construction of conventionalsystem. The supervision model which put access to licensing above anything else ismore and more strenuous faced with food safety problems. Food’s examination anddetection also suffer realistic difficulties. On the other hand, social regulation lacksseriously. Positioning of the food industry association is undefined, independence andself-discipline are missing. Public participation and rights consciousness of consumers are not awake. Of course, the trend of progress of legal regulation offood safety in China should not be ignored. Regulatory vacuum areas are decreasing,legislative process is quickening and legal liability is completing to punish punishseverely severely.We can better understand what is suitable for ourselves only on the basis of foreignsystems "scientific identification, understanding and true evaluation". The UnitedStates, Canada and Japan have their own legal system, food safety regulation modeland features. What enlightenment of legal ideas we get from them are regulation inomnidistance, paying attention to the risk analysis and control, opening to betransparent to make the public participate in it, and attaching great importance tosystem supports. What enlightenment of legal systems we get from them areconsummating food safety legal system continually, setting up a unified food safetysupervision coordination organization, and food safety supervision system modelaccording to the national conditions.From the fundamental idea for all laws“people first” in Chinese food safety legalregulation, we can suggest the kernel and fundamental idea of food safety law, that isthe basic principles and spirit that the public health first and then establish ourcountry’s food safety laws. In determining the reasonable legal regulation, we candiscuss in three angles. Firstly, place extra emphasis on food safety regulation indifferent legal departments; Secondly, the solution of the problem is amending failureof market and government; Thirdly, the value concept of food safety law should equip.The best road of legal regulation from the three levels is social work based oneconomic laws. Finally, to adapt to need of reform of food safety and crack foodsafety problems, suggestions are put forward, that is put the new achievement into lawand straighten out the linkage; legislation to affirm food security liability insuranceand explore its operation; Increasing punitive damages but not to be mechanised;Information publish should not be air-logged due to “verification”; supervising morescientific and effective in field of infants and expecting it can help improve andcomplete food safety legal system related to the rights and interests of public health.