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Research On The Legal Liability System Of Food Safety In Our Country

Posted on:2015-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:S ShiFull Text:PDF
GTID:2296330431983291Subject:Economic Law
Abstract/Summary:PDF Full Text Request
We can see that food is the prime want of people. With the development ofeconomy in China, people now pay more attention to the food safety instead of adequatefood after experiencing a tough and complicated process. Recently, serial food safetyincidents make the problem a social canker. It not only is because of some unscrupulousproducers or marketers of food, but also shows the weakness of the legal liabilitysystem of food safety in China. The Food Safety Law of People’s Republic of Chinawas implemented in2009. Though the law has some development on the stipulation ofthe legal liability, but it is still not enough. Therefore, it is necessary to have systematicresearch on the legal accountability system of food safety in China.The subject of this article is Research on the legal accountability system of foodsafety in China, which contains four parts exclude the introduction and conclusion.The first part is the basic theory of the legal accountability of food safety. This partstarts from the concept of the term, comparing with other legal liability, and ananalyzing their similarities and differences. Then, it dives deep into the feature andclassification of the legal responsibility of food safety. Later on, it provides a detaileddiscussion of the principle of the term. At last, it gibes a brief narration of compensationfunction, punishment function and prevention function as well as fairness, justice, orderand many other aspects of this term.The second part mainly focuses on the legal accountability system of food safety inother countries. Through the comparison and analysis of the legal accountability systemof food safety in United States, European Union and Japan, making the conclusion ofthe characteristics of these systems and providing the valuable experience and practicesto improve the system here.The third part is the introspection of the legal accountability system of food safety.With the comprehensive introduction of the current situation of legislation of the legalaccountability system of food safety in China, especially from two aspects----themarket entity and supervising subject, to make the conclusion of the imperfection of thelegal accountability system of food safety in China.The fourth part is the ideas of helping improve the legal accountability system offood safety in China. First, discuss about the conception of the legal accountability system of food safety in China with three aspects----legislative concept, general ideaand the reconstitution of the civil and criminal regulations of food safety. Second,according to the market entity, make improvements on the unified civil imputationprinciple, punitive compensation system, the administrative penalty on food safetyagainst market entity, the dual-punishment of administration, the cohesive mechanismbetween administrative accountability and criminal accountability, the affiliation ofcrime types of food safety, fine punishment, related punishment against qualificationsand so on. Finally, for the supervising subject, we should widen the range of stateliability, define the supervising subject of food safety, extend the realization form ofadministrative responsibility, establish the investigation system of administrativeaccountability, improve the detailed design of crime of dereliction of duty on foodsafety, define the responsibility of supervising subject and combine punishment forbribe-taking and malpractice on food safety.
Keywords/Search Tags:food safety, legal liability, market entity, supervising subject
PDF Full Text Request
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