Research On The Risk Warning System For Food Safety

Recently,major events,such as "Sundan","Guanshengyuan mooncakes","Sanlu milk" and so on,have been taking place frequently in the food safety field of China.These major events not only do harm to the physical and mental health of the public,but also highlight the poor governance in food safety and seriously overdraft public's trust in government.Therefore,the strengthening of food safety regulation has become a urgent problem.In this context,our country promulgated the "Food Safety Law" in 2009,and established a food safety risk warning system.With the new system generation and supporting laws and regulations inadequate,problems in the specific operation of the food safety risk warning system is gradually highlighted.From the starting point of "Arsenic Scandal of Nongfu Spring" event,this article introduces the system of food safety risk warning in China and then points out the present situation and existing problems of this system.Draw lessons from foreign food safety supervision,combining with the practice in our country,establish the basic principles of the food safety risk warning and regulate our food safety risk warning system from the legislative and judicial means.The first part uses a real case--"Arsenic Scandal of Nongfu Spring" event bringing out the problems.The second part begins with "Arsenic Scandal of Nongfu Spring" event and introduces the system of food safety risk warning.Food safety risk warning was stipulated in the "food safety law" and other documents.In practice,it often confuses with "food safety consumer warning" and "food safety risk notice".Clarifying the difference and relation between these concepts can better regulate the food safety risk warning system.Making clear the legal character of food safety risk warning behavior can provide the theoretical basis for solving the food safety risk warning's litigation problem.The third part introduces the current situation of risk warning system of food safety in China and analyses the existing problems.The system of risk warning of food safety in China established late and was lack of clear laws and requirements,and also was lack of experience.Therefore there are many issues that need resolution,such as the risk assessment institutions lack of independence,the parties lack of procedural safeguards,the lack of legal remedy.The fourth part introduces the excellent experience of European Union,Germany,Japan and other countries in food safety risk analysis and what can learn from them for the system of food safety risk warning in our country.The food safety risk analysis system of EU,Germany and Japan started early and had a complete system.They separated the functions of risk assessment and risk management and established of an independent risk assessment institution.They established risk communication mechanism of multi-party interactive participation and comprehensive remedy approach.We can learn from their good experiences.Their experiences provides a viable option for perfecting the system of food safety risk warning in our country.The fifth part discusses the perfection of the system of food safety risk warning.Our food safety risk warning system established late and was lack of legislation experience.There are lots of problems existing in the actual operation process.For construction of an appropriate,reasonable,uniform food safety risk warning system,we need not only learn from the excellent experiences of other countries and combine with China's specific national conditions.Under the principles of legal reservation,due process and proportionality,we need also use legislative and judicial means to improve the system of food safety risk warning in China.