The Research On “Fish Farming Law Enforcement” In Food Safety Regulatory

Food safety is not just affect the people’s health, also affect the social stability and harmony. Food safety affair constantly happened, Supervision department should take unshirkable responsibility for frequent occurrences of food affair. More than that, "fish law enforcement" exist in food safety regulatory. Fines has replaced other forms of administrative penalty.Under the circumstances, some related factors without taking into account, fines has been the only measure to publish the illegal behavior. And the forfeit amount is minimum in the statutory fine lines, which made the illegal income bigger than the illegal cost, result in illegal behavior happened.To improve the supervision of food safety and ensure the food safety we need to porhibit the "fish farming law enforcement". In the process of studying "fish farming law enforcement" literature research and empirical analysis be used in the paper. Rational economic man theory and discretion theory as the theoretical basis of the research. In order to find out the related factors of "fish farming law enforcement" a game model has been build.The "fish farming law enforcement" occure frequently in food safety supervisor. The main reason of "fish farming law enforcement" is high earnings and low cost. The return of administrative penalty and assessment mechanisms increase the earning; Overlarge discretion and imperfect accountability mechanisms lower the cost. The exist of "fish farming law enforcement" made the food safety supervision and management exist in name. The situation of food safety becoming more and more bad.According to the result of game model analysis, to eradicate the phenomenon of "fish farming law enforcement" we need to regulation the behavior of producing e nterprise and law-executor. We need regulator the behavor of law-executor from the following aspects. First, we need strengthen and perfect the constraints of ad ministrative discretion, to avoid abuse the discretion; Second, perfect the administrative accountability mechanism, strengthen the law enforcement accountability for illegal activities; Third, Straighten out the fiscal and taxation mechanism, implement the fiscal and taxation system. Last, improve the assessment mechanism, set up the assessment mechanism adapted to the situation of our country. Besides, we need regulator the behavor of entreprise from the following aspects. First, increasing punishment of illegal behavior of the enterprise, improve the illegal cost. Second, encourage all the people participate in supervise food safety, improve the probability of illegal behavior be found.