Research On The Private Enforcement System Of Food Safety Law

The cause of food safety problem is complex.The factors include insecurity risks caused by human factors and the safety risk of food itself.With technology developing,the natural risk of food has been reduced.However,a variety of food additives used some illegal producers increases the possibility of hidden danger.It is the duty of the government to guarantee food safety,and it is also the responsibility of every social individual which is directly affected by the food safety problem.Under the food safety supervision system in our country,the government has been eliminated many security problems in the food market.Nevertheless,because of the incompleteness of government regulation and the diversity of market subjects,the problem still exists and it fails to achieve food safety.In the short term,it is difficult to completely change the insufficient law enforcement of the administrative supervision department and eliminate all the illegal acts of the main body of the food production and management.Therefore,we need to integrate social resources,especially the full mining and launching of private resources,so that the power of private subjects can be given full play.In the framework of current food safety law and related laws and regulations,it is a feasible path to achieve the goal of food safety through the implementation of private subjects litigation.Some unfavorable factors still exist,which hampers the development of the private implementation of the food safety law.First of all,the social and economic nature of the Food Safety Law determines that its implementation is not only the obligation and power of regulators,but also the rights and social responsibilities of ordinary private groups.The appearance of the government and market defects causes that the role of the private subject in the implementation of the law is noticed and gained the expectation.The participation of private subjects in the implementation of the Food Safety Law includes,but is not limited to,the way of litigation.The implementation of the Food Safety Law in litigation is the basic way for private subjects to participate in the implementation.The basic purpose of these two ways of law implementation lies in the smooth operation of the law in accordance with the scheduled track,and finally the value of the law is fully realized.Secondly,for the subject range of the private implementation,the consumer is self-evident to be the basic unit of private implementation.However,in the lawsuit,the court has different methods to identify consumers.Including consumers subjects,whether the main body of food production and operation can be regarded as the main body of private implementation is still in an awkward situation of ambiguity.However,its initiative in private implementation is unquestionable.In the judicial practice of our country,foodsafety aspects of the rights in the process of roadblocks in the application of representative litigation system,legal problem is not just the type of damage can be sued,but also in which people or groups of people can not determine the representative.In view of the above reasons,it is imperative to clarify the subject range of the private implementation.The applicable scope of the consumer's qualification should be expanded in practice to facilitate the role of the private subject in the lawsuit.The source of rights and interests of food producers and operators in litigation is not only their safeguarding of their own market rights and interests,but also their social responsibilities that bear the brunt of social food safety.It is the responsibility to promote the implementation of the Food Safety Law with the private implementation of the subject.Expanding the inclusive scope of representative litigation is to make more consumers' rights and interests more convenient and sufficient considering the convenience of group food safety issues.Finally,the main implementation method of private subjects is litigation participation in the implementation of the law.However,in the process of private participation,it is difficult to obtain evidence,the cost of rights is high,and compensation motivation is lacked.It is difficult to realize effective utilization of litigation interest compensation.While emphasizing the social nature of private subject,we must also pay close attention to its inherent profit seeking ability.That is,before the private main body makes legal measures to solve the problem,he will involuntarily weigh the interests to decide whether to execute or not.The problem of asymmetric information is addressed by improving the information transmission mechanism.The cost of private implementation is reduced by reducing the burden of proof of consumers and food enterprises for damage compensation and relying on social organizations to give its corresponding legal aid.Private parties can contribute to and implement the Food Safety Law by improving the compensation incentive mechanism and the possibility of supporting the result of the damage as an important requirement for the consumer or food enterprise.The private main body will become an important pole to ensure food safety acting together with the public implementation subjects.So that the value of food safety law can be maximized,and the good vision of social food safety can be realized.