Research On Legal System Of Food Safety Penetrability

With the development of society and economy,people’s health awareness,the public on food safety and health put forward higher requirements.And the frequent occurrence of food safety problems,resulting in a huge social damage,affecting people’s nerves,so that people pay more attention to food safety,food health and food regulation concerns.Food production operators are the providers of food information,consumers are passive recipients,there is information asymmetry between the two,and food information asymmetry is caused by a huge food safety damage important reason.Food penetrability refers to the sharing of food information throughout the food production and circulation.The construction of food safety penetrability of the legal system is the key to solve the problem of food information asymmetry.Through the provisions of the subjective rights and obligations,retrospective standards,retrospective methods,retrospective content and so on,to protect the food safety information transmission,sharing,to prevent the loss of expansion,improve food safety issues,improve food quality.In recent years,China in many areas and areas of food safety conducted retrospective pilot,the establishment of a number of national and regional level tracing system.The new Food Safety Act of 2015 also provides for a formal review of the food safety penetrability system,which is formally established in the form of national law.However,China’s food safety penetrability system started late,slow development,is still the initial stage of construction,there are a series of system defects,which are restricting the realization of food penetrability.Europe and the United States and other developed countries not only attach importance to food safety issues,but also clearly recognized the food safety penetrability system in the solution to the role of food hazards,combined with the status of their food industry development,to build a relatively complete food safety penetrability system.Based on the theoretical basis of the retrospective legal system of food safety,this paper analyzes the related concepts and functions of penetrability system,combines the three theoretical sources of risk control,information asymmetry and externality theory,and explores the necessity of the system in our country,aiming at the shortcomings of the retrospective system of food safety and the obstacles to perfecting the system,put forward the concrete measures of system perfection.China’s current food safety penetrability system exists narrow coverage,participation in the main rights and obligations are not clear,the development of the system is not balanced,the lack of strong penalties and supporting the system,the source of information difficult to share,lack of social supervision and other institutional deficiencies.By analyzing the current situation of the development of food safety penetrability system in China,the regulations of food supervision departments,food production operators and consumers in the food safety penetrability laws and their respective practical roles in food safety penetrability,drawing lessons from the European Union,Japan,The United States and other developed countries in the implementation of food safety penetrability system and China’s food industry in line with the advanced experience,combined with China’s food industry development status,food hazards and other characteristics of the basic situation put forward specific recommendations.To improve the retrospective system of food safety in China,we need to construct a hybrid retrospective system of Chinese model,implement different penetrability system for different varieties,different regions and different scale production operators,expand the coverage of food safety penetrability system,and mobilize the participation of production and business operators Improve the effectiveness of the system to implement the effect;improve the food safety penetrability of the social regulatory mechanism to strengthen social supervision,the formation of food safety social co-governance pattern;clear food production operators,food regulatory authorities retrospective subject to breach of duty obligations,Managers to fully implement the obligation to trace,the regulatory authorities to actively carry out regulatory duties;the construction of a unified guide to action and information management platform,clearly the main body to trace the rights and obligations,the retrospective standards,trace the contents of the norms,improve the system operability,Information transfer,sharing;perfect mandatory disclosure of information regulation system,food recall system and food safety standard system and food penetrability system matching system,so that the relevant food system with each other,together for food safety escort.