Study On Legal Protection Of Social Co-governance Of Food Safety

Safe food is the important material support for human life and health, which reflects the development of a country’s economy and the rule of law. At present, the food safety situation is still grim and has become the focus in China.The public believes that the cause of food safety problems is the lack of strict regulation. However, the complexity of the food problem determines that the single government regulation can not solve the problem effectively. By 2015, "social co-governance" was first included as general principles in the revised food safety law which regulates responsibilities of the government, industry associations, enterprises and the publicAdmittedly, the realization of the law can not be achieved immediately.The realization of social governance in food safety still needs to continue to improve the relevant laws. The legal protection about social governance in food safety is the object in this paper. Though empirical research method, literature research method and comparative research method, the author analyze the literature and practical experience at home and abroad. In the course of theoretical research, the value goal and the guiding theory of the food safety social co-governance are put forward. In the process of empirical research, I analyze the status and problems of China’s social co-governance and teased the governance experience about the European Union and the United States.At last, I propose a model to refine the social governance legal protection of China’s food safety.In human society, safety is the most important condition for our basic survival and development. Food safety is one of the important contents of safety. Therefore, the value target is pursued by social governance in food safety.Generally speaking, law of market economy and government regulation is effective way to regulate the market, but the food safety problem occurrence is caused by market and government’s failures.Thus, the theory of market and government’s failures is one of the theoretical basis of social co-governance about food safety. The democratic theory emphasizes the citizen could participate equally to manage state and social affairs, konwn as democratic participation system is a way to supplement inadequate of democracy representative democracy. Multiple entities’ roles in the governance is the pursuit of the social co-governance. Thus, the democratic theory is the theoretical basis of social governance about food safety. The theory of administrative cooperation taked "public governance" mode and abandoned obeying the voice of government. The social co-governance also emphasize that other subjects cooperate with the government in the equal way.Therefore, cooperative administration theory is the theoretical foundation of food safety social co-governance.At present, our government has taken many measures to prohibit selling counterfeit food and other illegal behavior, which still happens. The author analysis existing system and the problems in our administration about the communities in social co-governance of food safety. The main reasons are divided into four aspects. Firstly, the existence of information asymmetry in food market, which leads to the issue of food. Secondly, parts of the practitioners maliciously sell and counterfeit the unqualified food in order to obtain huge profits. Their moral are corrupt. Besides, the large of employees are lack of standardized knowledge and skills in production and operation. Thirdly, the food safety management mainly depends on government supervision. However, there are many problems in the government supervision, such as the supervision system, the way and efficiency of regulation. Fourthly, the legal system of social co-governance is not sound.The small space is provided for other subjects in social co-governance to play the main role. Generally speaking, the problem of food safety is the institutional factors leading to the not obvious governance effect.The European Union and the United States have experienced serious food safety problems. In order to effectively solve this problem, they take many measures to stimulate the vitality of the subjects to carry out social co-governance. The author analysis their legal systems and the beneficial experience which can be helpful to refine the legal protection about the social co-governance in food safety.According to current practical situations of our country, the author furtherly analyze the governance function of the social co-governance subjects and put forward the suggestions for improvement. The government is the leading subject. The industry association will be the main body of the social type. The producers and operators play an important role in the market main body. The public is the base body. If the four subjects play their roles adequately, we should strengthen the construction of social co-governance’s rule about the food safety, strengthen the sharing system of food information, refine the public prizes reporting system and establish public interest litigation system.