Administrative Law Regulation On Food Safety Risk

The modern society is a "risk society". Industrialization and modernization process of the rapid development of such risk comes from the human-made. These genetically modified organisms, such as medicines food and so on, endangers human’s lives, health and the stability of social order. The huge food safety risks of disasters caused by modern industry may be caused the contemporary scholars rethinking the modernization which marked as the beginning of modern science and technology in the West. Most worth pondering is that most of the risks caused by modern science and technology to a large extent the risk is to control or minimize risk. However, as technology continues to improve, the modern technology for food safety consequences of the risks still can not be accurately calculated. This is the risk of "artificial uncertainty". Food safety risk itself is due to the market economy and blindness caused by externalities. To be able to effectively deal with the failure of the market economy, the modern state through the use of a variety of powerful interventions and regulatory tools to intervene in the market, so that Britain and other Western countries have entered a state of "regulatory state".The ubiquitous nature of risk, uncertainty and risk the dangers of such individuals lack sufficient knowledge, but also a lack of appropriate information and knowledge, can not be leisurely to deal with the risk; and risk usually also involves a lot of science policy issues, the freedom market is difficult to get along with many social phenomena inherent risks and benefits be evaluated in different or difficult to weigh the value of each other’s measure; therefore, the risk of social transformation requirements of administrative law, which calls for combining the power of the state and society, be effective risk Regulation. However, the "Decision for the unknown," the characteristics of risk regulation itself has meant the government often require knowledge in a case that is not sufficient to take regulatory action. This leads to legal administrative constraints softened:by requiring a large amount of discretion granted to the principle of proportionality and relaxation, the administrative authorities have more choices. From our existing food safety risk regulation regime, the risk regulation does not explicitly object and regulatory sequence, communication mechanisms lost the original effect, one-way, closed food safety risk communication caused by delay information, but can not Counterpart the role of any behavior guidelines. At the same time, China’s food safety risks in the process of decision-making insufficient public participation, the rights of its recommendations can not produce any legally binding effect on the risk of regulatory decisions. This is a series of food safety incidents in China in recent years outbreaks can be seen by. China’s food safety risk regulation system has been plunged into crisis one kind of legitimacy. Because of constant exposure to food safety risk events, not only seriously harm the interests of every consumer, but also damage the healthy development of the industry with other companies, but also cause damage to the public interest. And society and the industry has to present a food safety risk regulation system had serious mistrust, which makes the current food safety risk regulation regime lost makes it convincing psychological basis, and have lost the dynamic mechanism viable system. The risk of losing its vitality has regulatory regimes naturally weakens the ability of government regulation of food safety risk, contributing to the occurrence of food safety incidents, the impact of current food safety risk further regulation of legitimacy. China’s food safety risk regulation mechanism thus entered a vicious cycle stage.In order to break this vicious circle, reshape China’s food safety risk regulation of legality, it is necessary to characteristics of food risk basis, increase the risk of regulatory science, enhanced democratic risk regulation, increase the risk of regulatory agencies, the public and mutual trust food industry enterprises. Based on the risk to food safety regulation in two basic modes:basic and scientific mode democratic model analysis, presented to China’s food safety risk regulation system sound advice. Science-based food safety risk regulation approach can take advantage of the expertise and judgment of rational scientific experts, can more clearly understand the risks itself, and thus rational use of limited regulatory resources risk regulation. The democratic food safety risk regulation mode it is possible to play a good value judgment function to prevent the risk of a small number of scientific elite monopoly regulation and interest groups to influence regulatory policy.Based on the above two models their advantages and disadvantages, this paper should be considered in the reform process of China’s food safety risk regulation system, the establishment of food safety risk assessment by the committee composed of multiple subjects, so that the process of risk regulation of the main parties will be able to give full play their strengths, but also capable of mutual restraint and constraint, so that the risk of regulation to achieve satisfactory results to all parties. Secondly, the establishment of food safety throughout the entire process of risk regulation and opening of two-way risk communication system. So that exchange of information is not just to inform risk information is more important is to strengthen mutual trust and the risk of regulatory agencies contact between the people and the community through the exchange of information. Finally, we need to establish participatory risk management at all stages of risk regulation will allow each body to participate in the various processes among risk regulation, and mutual cooperation and common supervision.