The Legal Architecture Of China’s Food Safety Regulation

The exploration on the regulation of food;safety in our country has been for a long time and is highly effective. But food safety accidents happened many times, even in some large enterprises which are well-known and trusted by the public.Food safety issues are from the problem,of food enterprise firstly. The deep reason, however, is that the supervision mechanism is not perfect, and it does not have the desired effect. Food safety regulation in China for many years of efforts, has achieved some results. But the food problems are frequently found in the circulation, which should be introspected, to improve the defects of regulation.Food safety regulation is different from other regulation. The main body of the involved is wide. In addition to the government regulatory agencies, the industry association and the public consumption also are asked to participate. In this paper, on the basis of the regulation in the broadest sense of the term, and then the study of legal regulation is carried out. At the same time, this paper adopts the perspective of the economic law:Food safety problems have asymmetric information problem, the food market itself cannot solve market failure. The food safety law, putting the food safety law as its basic regulation law, for the purpose of protecting the social public interests, reflects the intervention on the food market. The perspective of economic law which avoids the oneness of duty under administrative law or civil law perspective and touches the market failure causing food safety problems puts forward the objective and correct solution.The imperfect legal system is the leading cause of frequent problems at the moment. China’s laws and regulations lag behind the reality. Even some areas, such as health food field are lack of legal basis. Perfecting the legal system, as a kind of basic requirements of food safety regulation, coordination is needed between each department, law and administrative regulations should be improved. The other aspects that the law cannot effectively related to should adhere to the beforehand prevention, strengthen the management of risk, regulate all the way, and pay attention to the social common governance principles. At the same time, food safety regulation is not just the function of the government. Because the function of the government compared with whole food market is extremely limited. Other subjects’supporting regulation role should also be considered. But the participation of other subjects is ignored because of the dependence on government in our country. Strengthening food enterprise moral self-discipline and self supervision, endowing industry association autonomy and encouraging consumers to actively participate in supervision, are good for the three-dimensional network of food safety regulation. In terms of food safety problem itself, it is professional. Whether food is safe is determined by the standard. But at present, the food safety standard system of our country is chaos. Food companies also choose the one that is good for them. Therefore to establish and perfect the standard system and to ensure the effective implementation of the safety standards are urgent. The execution of the relevant system determines the food safety regulatory effect. So the defects in the system should be perfected. Lacking of actual effect should be strengthened. The strict liability should be implemented. The construction of food risk analysis and prevention system should be strengthened. The information of food traceability system should be established and perfected. The implementation of the food recall system and the compulsory liability insurance system of the introduced food must be given enough attention to in order to make food risk to be controlled, the problem food information can be obtained in time, the problem food can be rapidly solved, the public’s compensation can be guaranteed and the punishment of the one in the food chain can be implemented effectively.