Study On The Legal System Of Food Safety Traceability

After the major revision, the new Food Safety Law of the People's Republic of China promulgated in 2015, stipulating that "the country establishes a food safety traceability system". This means that the construction of the legal system of food safety traceability has been treated as a national major strategic decision. Food safety traceability is the ability to verify the history, location, or application of food by means of documented recorded identification. The implementation of food safety traceability depends on the establishment of food safety traceability system, which can stored records of information from food production and circulation and ensure the spread of the information. The legal system of food safety traceability takes Risk Society Theory,Asymmetric Information Theory and Corporate Social Responsibility Theory as its foundation, combined with the technical regulations and supervisory regulations. It adjusts the legal relations among the various subjects in the entire food chain. The key lies in how to ensure the information to be real, comprehensive, and able to flow smoothly between each two adjacent links in the whole process.The European Union, the United States and Japan have more practicable and scientific system of laws and regulations system, have efficient measures of traceability and they have more active subject both of right and duty. By contrast, China's current laws and regulations related to food safety traceability system is not yet mature. The current means of tracing, especially trace code and database platform, are not good engough to provide effective protection for food information management and query. Due to reasons such as construction costs and benefits temptation, obligatory subjects are not fully involved in the food safety traceability system construction, has not actively performed their duty of food safety traceability.At the same time, the responsibility is not strict and clear, which can lead the lack of coercive power to ensure the implementation of the law.To solve these problems, our country should improve the trace code and national database platform and combine food safety traceability with the system of certification and accreditation, uniform the trace standards to ensure the laws and regulations is feasible; should combine voluntary and mandatory in the construction of enterprises'food treaceability system; should improve the motivation mechanism both for practitioners and consumers. To further strengthen food safety traceability legal responsibility, we should combined it with the market access mechanism, improve the administrative penalties and stipulated criminal responsibility about food safety traceability system in the criminal law, to provide a powerful guarantee for the implementation of food safety traceability laws.