Research On China's Public Interest Litigation Of Food Security

With the progress of science and technology,people's living standards has achieved great improvement by the variety of food.People have more selectivity,but the heart is more panic,for the whole society because of repeated incidents of food safety has been caught in the lack of confidence to food industry crisis.The executive authorities have a supervisory responsibility for the food industry,but the credibility of their administrative behavior is gradually questioned and social satisfaction is decreasing.The current food problem in our society has been very serious.The frequency of food safety incidents is getting higher,the scale is getting bigger,,and the damage is getting more serious,which reflect a serious social problem——The shortage and lack of judicial relief system in food industry.As food has the characteristics of public goods,relying solely on civil litigation,administrative litigation or criminal proceedings can not achieve the goal of the protection of social public interests,therefore,the way of public interest litigation is necessary.Civil Procedure Law and Its Judicial Interpretation and Supreme People's protectorate issued "Prosecution filed public interest litigation reform pilot program",in which environmental civil public interest litigation system,consumer civil public interest litigation system and administrative public interest litigation has been provided.It has great reference for Food Safety Public Interest Litigation.In this paper,the idea of food security as public interest litigation system as follows:First of all,analysis the current situation of society food safety and the reasons,then comprehensive study provisions on food safety legal system,and focuses on the shortcomings of its relief,from the civil litigation system,the consumption of civil public interest litigation system and the administrative supervision function to exercise,and then put forward the concept and theory of public interest litigation and food safety public interest litigation.and seek the theoretical foundation for the construction of China's food safety public interest litigation system.Finally,combined with China's judicial practice and judicial environment,from the basic principles,the basic system,the security system in three aspects of how to build China's food safety public interest litigation system for a detailed discussion.On the basic principles of food safety public interest litigation,I believe that should include,to maintain the principle of public interest in food safety,to protect the principle of citizens' food rights and multi-party participation principle.Food safety public interest litigation of the basic system,which includes the subject of prosecution,the scope of the case,the litigationrequest,the trial mode and the jurisdiction,the rules and other specific system,And there is a big difference between traditional litigation,there are their own special features.How to construct the guarantee system of food safety public interest litigation system,the author mainly elaborated from the point of view of preventing abuse,risk transfer and relief first.And thus the final establishment of China's national conditions for food safety public interest litigation system prototype.