Legal Research Of The Food-safety Risk Warning In Our Country

In recent years,food safety incidents which are caused by food quality problems have been happened quite frequently.Although the administrative organs rely on the conventional ways,such as administrative penalty and enforcement,food with safety problems can always be found in the market,but cannot be eradicated completely.As a newborn government regulation means, the food-safety risk warning has played an important role in the supervision progress.Not only does it help to realize the efficiency,protect the public’s health,but also make the food corporations operate their business legally.Despite the meaningfulness of the food-safety risk warning.its legal essence hasn’t been defined in the laws and regulations.In the administrative academic circle,two kinds of statements about its legal nature are under discussion.The two academic statements are "administrative legal behavior" and "administrative fact behavior".The inadequate legislation about food-safety risk warning affect the administrative enforcement practices to a certain extent.To pursue executive efficiency,the administrative organ dismiss the food corporation’s legitimate interests.Which causes not just big economic damages to the food corporation,but their business reputation and brand image has been fallen down in the following.Even though the food corporations can seek legal remedy from the government agencies or the courts,due to the food-safety risk warning’s inadequate legal nature, it’s difficult for the food corporation to obtain reasonable and full compensation. From the above,we notice that the food-safety risk warning has met a series of challenges in its legal nature,remedy and the making procedure.So it is necessary for our government agencies to learn from other countries and regions,which are much more experienced in the food-safety risk warning. We can build the organ’s responsibilities to correct its illegal actions,comply with proportion principle and improve the existing systems of the administrative duty and compensation.Only in these ways, can we ensure the legal operation of this newborn activity,protect the comprehensive concerned people’s legal rights and cope with the legal challenges effectively.