Theory Of Problem And Improvement Of The System Of Food Safety Credit Files

In the complex circumstances of transform function of the new normal in government and law enforcement task heavy law enforcement resources shortage, how to strengthen the food safety violations of deterrence, which is the key to crack the food safety regulatory problems. Past regulators "static" and "sports type" style of law enforcement, because its illegal cost is low, will not be able to form a sufficient deterrent. So urgently need innovation of food safety supervision mode of law enforcement. The establishment of system of food safety credit files is beneficial to improve the methods of law enforcement, improve the illegal cost, is a highly efficient mode of law enforcement. But because food safety credit files system was officially settled in the form of law in 2009, started late, plus it did not have related punitive measures and was not included in the relevant achievements appraisal, so it did not cause the attention of relevant departments, the construction of the system is not perfect, and does not play its role fully. How to build the system and make it perfect will be discussed and researched in this article.Besides the introduction and conclusion this paper mainly is divided into three chapters. The first chapter mainly introduces the basic theory of the file system of food safety. In this chapter on food safety is defined the intension and extension of the credit files. This paper introduces the system of food safety credit files currently contains content, and analyzes the function of the system. The functions mainly includes strengthening the government supervision of food safety ability, protecting the public’s right of life and health, strengthening the deterrent threat of food producers and traders, promoting the enterprise change ideas to strengthen industry self-discipline and being beneficial to the realization of food traceability.The second chapter of this article points out the problems and troubles existing in the system of food safety credit files. The first is a basic requirement of the construction of the food safety credit files are clear enough. The second is single supply subject, which is easy to cause rights "for rent" and "rent-seeking" problem. The third is the lack of unified credit rating standard regulation, which has not a uniform standard of credit rating, and does not provide credit rating standards and procedures. This is easy to cause the credit rating standard is not reasonable and lead to the same food producers or marketers different credit information management department to produce different evaluation, causing confusion in the public. The fourth is for food safety credit files the public familiarity and exploitation degree is low. The fifth is the lack of legal relief for infringement of credit information management department, make both food producers and traders and consumers for credit information management department of tort can not get effective relief. The sixth is lack of corresponding food safety credit files system programming, which can not guarantee the system implemented effectively.The third chapter of this article in view of the problems existing in the system of food safe credit files, according to the administrative law and administrative litigation law and the basic principle of constitutional theory and refer to the related literature about system construction perfect Suggestions are put forward. Firstly it introduces the basic requirement of the construction of the system that is to insist on the plain, detailed and accurate, and timely update principle. Secondly it introduces several Suggestions to make the construction of the system perfect. The first is the introduction of the third party social organization, establishing diversified supply subject of credit information. The second is to set up a unified standard of credit files and refactor credit rating standards development process. Third is to broaden the channels for the flow of credit information, in addition to the official website for regulators and government gazette, regulators can choose the website that most consumers often browse. The fourth is to establish the relief system of the system of food safety credit files, including the establishment of supervision department for the correction of the error message, clearing and perfecting the relevant system of administrative litigation. The fifth is to design the objection to accept the system and report reward system and other supporting system and the corresponding program design to guarantee the implementation of the system.