The Research Of The Food Safety Legal Issues Under The Background Of WTO

With the rapid development of world economy,the areas of food trade have been expanding,and the food safety issue has become a global problem.In order to protect their own interests,many countries make a lot of strict food safety laws and the relevant inspection and quarantine measures.However,these draconian measures,to some extent hindered the development process of international trade liberalization.WTO as one of the largest international organization in the food safety also plays an important role in global governance.In order to better solve the food safety issues,the WTO exploits its own advantages,and formulated the related food safety laws and regulations:"Agreement on Technical Barriers to Trade"(TBT Agreement)and(Agreement On The Application Of Sanitary And Phytosanitary Measures(SPS Agreement).This article mainly included four parts:the first part is a brief overview of food safety issues under the international trade,describing and defining the definition of food and food safety,and analyze the food safety and there is close relationship and conflict between international trade and food safety,lay the foundation for further study on the below food safety legal issues.The second part mainly illustrates the legal regulating of the WTO on food safety.The scientific basis,risk assessment,in accordance with international standards,the transparency principle for each member of a mechanism for food safety has played a critical role in the SPS agreement.The food technical regulations and standards and conformity assessment procedures are particularly important in food safety rules in the TBT agreement.Analyzing both the key rules of the agreement not only will help to make better use of WTO rules to protect national food security,but also reduce the food safety of international trade barriers as much as possible.The third part detailed analysis under the WTO framework of food safety in our country the problems existing in the related rules.In China since the accession to the WTO,actively to perform the duty of the WTO related agreement and combining the concrete national conditions to implement the laws and regulations related to food safety.However,in the performance of the WTO rules on food safety in our country there are some problems,these problems mainly are not enough in the application of international standard in our country,risk assessment and imperfect institutions,the range of animal and plant quarantine is relatively narrow,the transparency principle to perform the "obscure".The fourth part illustrates under the WTO frame in China,the existing problems in food safety,putting forward some personal suggestions:perfect our food safety standard system;establish a reasonable system of food safety risk assessment;adjust the range of animal and plant quarantine;improve the food safety information management system;make full use of WTO rules to solve the dispute.