Discussion About The State Protective Obligation Of The Foodsafety

The problem of food security is not only the key to influence people’s health, but also the major task of all human life that relates survival and the continuation of the people’s livelihood field. Although the food safety problem has already caused enough attention of the nation and the society, the research of this problem is not stagnant, and it should be studied in depth and strength. At present, quantities of domestic researches are focused on this issue, but the majority concentrates on legal system and supervision system about food safety in the department of law, and few have been carried out on safety of food in the national level and the point of view of the constitution. Since food security is closely related with the survival rights, it belongs to a part of social rights. Therefore, it is significantly important for the protection of human rights. In this paper, combined with the characteristics of the right to food safety protection, it’s attempted to view the theory of state obligations as standpoint and concrete content by food security state protecting obligations to carry out in-depth research on food security issues for. It’s mainly analyzed from three parts:The first chapter shows the present situation of food safety in China, combined with the analysis of the cause of this case, and puts forward the concept of "food security". Furthermore, it’s proposed that the right about food safety is necessary and urgent. Moreover, this chapter closely combines food safety research with national obligation, expounding the protective obligation of the state to protect the value of the right to food safety.The second chapter is the structure of the duty of the state system. The connotation and scope of the duty of protection is expatiated, according to the national protection duty prevention and relief excluded from the three levels of obligations, and it’s specifically proposed that there are three order law obligations: law creation, law practice, law interpretation, putting forward the "lack of forbidden" and "rule of law" two principles.The third chapter is on the basis of the above theory, analyzing full protective obligation of the state about Chinese food safety performance and remedies. Starting from the performance of our legislation, administration and judicature as three kinds of liability subject, it’s analyzed that all share responsibility in practice. In addition, it explains the relief in the absence of relevant organs to perform the vacancy.