Study On The Independent Legal Status Of Food Industry Associations

With the rapidly development of the food industry in modern society, thesupervision problems of food safety appears recently. Organs repetition and functioncross of the government departments caused a series of problems and troubles insupervising, and the market subject whose target is pursue maximum profits all the timecannot be inhibited in time. Under the background of Government and Market DoubleFailure, countries around the world began to build a multilateral supervision systemincluding the Food Industry Association to solve the problem effectively. Food industryassociation in China has no independent legal status, unable to give full play to theirrole as the guidance and constraint of the food industry, therefore, establish theindependent legal status of Food Industry Association has very important significancefor China’s food safety and social development.This dissertation utilizes literature analytical method, to describe the basic theoryof industry associations and the Food Industry Associations, to define the concept andfunctions of food industry associations, to carry on research in the current situation ofChina’s Food Industry Association including the administrative style of organizationalstructure, shortage of self-government, lack of the laws with the positive analysismethod, and then concludes that to establish the independent legal status of FoodIndustry Association is very necessary. Because of the multiple demands in modernsociety will inevitably require the functions of the Food Industry Associations in socialmanagement, thereby it can solve the problem of Government and Market DoubleFailure. In order to adequately protect its characteristics of self-government, non-profitand neutral, we must establish its independent legal status.After discussed the above aspects, the dissertation introduced of the current viewsof Industry Association’s legal status, and point out that the Industry Associationsshould be the subject of economic law which have an independent legal status. TheIndustry Associations, the market and the government will jointly promote the balancebetween the development of economic interests and social welfare. The primary toestablish the independent legal status of the Food Industry Association is to have theconsensus about the basis in theory, and At the same time it must be clarified that whatthe relationships between the Food Industry Associations and Government, Marketshould be, then to actively reform of the Food Industry Association itself from internaland external mechanisms of supervision system and to accelerate the construction of legal system about the Industry Association and Food Industry Association, andultimately to established independent legal status of our Food Industry Association, sothat it can fully perform their functions, and progress to the development of China’sfood industry and civil society, but also provide a useful reference for the developmentand reform of social organization.