Study On Food Safety Administrative Inspection Law System In China

Food safety is related to people's physical and mental health,social stability,economic growth and a series of social problems. Some serious problems of food safety existing in present China have done harm to almost every Chinese people, such as counterfeiting, adulterating and mixing the false with the genuine food have made everyone to be the potential victims. The concept of government accountability and responsibility have told us, that the government is supposed to take the responsibility to regulate the orders of the market, to maintain social stability, and also playing the most important role of powerful regulator of the safety of food and being the mater to prevent food safety accidents. Therefore, the study of food safety inspection issues can provide evidence for administrative organs, which could promote law enforcement agency to perform inspection activities seriously, to reinforce establishing perfect food safety regulatory system,to ensure food safety to develop steady and environmental. So as to ensure the economical benign development and social stability.In this paper,through the analyzing of the relevant legal regulations of food safety administrative inspection and scholars research results, combining the reference of foreign theoretical research of food safety administrative inspection, making reflection on China's problems about that and putting forward corresponding suggestions,to strengthen the legal system of food safety and theory research of administrative inspection in our country. Therefore, providing perfecting suggestions for food safety administrative inspection system of our country.The full paper is divided into four parts. The first part is the concepts of administrative inspection. Only defining the exact concept scientifically can understand it correctly could understand the meaning of food safety administrative inspection,including its characteristics and classification of administrative inspection of food safety.The second part is the research and comparison of the administrative inspection of food safety of America, Japan, Korea and Germany. And then concluding the successful methods for reference. according to all of the results, we can concluded that these four countries not only have the consummating legal system of food safety administrative inspection and food safety standard, but also revising adjustment timely upon realities of situation. And the governments of these countries have attached great importance to the construction of this field, in order to relieve the contradiction between the amounts of regulatory resources and resources, to use the scientific third-party audits.The third part introduces the current situation and problems about legal system of food safety administrative inspection of our country. According to the analysis of the relevant laws and regulations, we could find the four problems existing in the field of food safety administrative inspection includes, the first is the theme of confusion in the food safety administrative inspection, such as overlaps or repeat of jurisdiction. The second part is that the legal system procedures of food administrative inspection are irregular and unjustifiable, for example, the inspection procedures have been frequently and arbitrarily started, and the and unsound laws and regulations of risk warning have been existing everywhere. The third part is the unscientific way of food safety administrative inspection. For instance, by implementing the special inspections as normal, resulting in the neglect of third-party audits. The forth is the inadequate food safety administrative inspection.The last part is the specific countermeasures about perfecting the legal system of food safety administrative inspection in our country. Comparing with the developed experience of foreign legal system, transforming into viable strategy which can be used in our country. Proposing measures of optimizing the function of food safety administrative inspection, clearing the specific methods of risk warning, improving the starting procedure of inspection, introducing the third party inspection agency inspection, broadening the public participation in the supervision mechanism.