Research On The Legal System Of Food Safety Risk Exchange From The Perspective Of Social Co-governance

With the victory of the 19 th century,the concept of "social co-governance" has become more popular,and the research on food safety has entered a new stage.Food safety has always been a major livelihood issues of the concern of the whole society,through the state,enterprises and customers work together,"it is mined here fakes","melamine","big head doll" and a series of terrible words faded memories,food safety in our country gradually out of the shadows and stability to the good development trend has been formed.However,food safety risks still plague consumers,food producers and government regulators.Because,if the food safety risk information in food production operators,sellers,appear communication barriers between the government and other organizations,or the risk information have intention to not intentional of neglect and even be intentional isolation and shielding,the subject is difficult to take the corresponding prevention and control measures in a timely manner,and then subjected to unnecessary or irreparable personal injury and property damage,or information about risk spread like wildfire,exaggerated,handy,in turn,caused panic in the whole society and the market order confusion.Therefore,the communication and communication of food safety risk information is very important in today's society.This paper studies the establishment and perfection of the legal system for the exchange of food safety risks with the perspective of social co-governance,and it is of practical necessity and urgency.Apart from the introduction and conclusion,the thesis is divided into four parts.The first part: the general analysis of the legal system of social co-governance and food safety risk exchange.The term "social co-governance" was written into article 3 of the food safety law enacted in 2015,which is endowed with more legal characteristics.However,the establishment of this principle is more based on the implementation of national policies,whose specific meaning and legal attribute are vague,which makes it difficult to operate in law enforcement and judicial practice.On the basis of the general meaning,scholars should probe into its legal connotation and define the term "social co-governance" in terms of form,function and effectiveness.Legal system of food safety risk communication in our country has just started,it remains to be perfect in many respects,especially about the connotation of the legal system of food safety risk communication,academic opinions vary,no unified and accurate conclusion.The model of the system is not perfect in the subject,content and type of food safety risk communication.It is necessary to analyze the historical evolution of the legalsystem of food safety risk exchange and grasp its theoretical basis so as to define it accurately.The second part: the challenge of China's legal system construction of food safety risk.Our country is in the stage of deepening reform of society,and there are many problems in many fields,and the challenges are endless.The provisions of article 23 of the current "food safety" refer to the problem of "food safety risk communication",but this provision for the establishment of foundation is weak,China's food safety risk communication still exist the following problems: one is the basis of the food safety risk communication theory,si is at present our country legal system of food safety risk communication theory to study the main means,is a severe lack of theoretical innovation and its localization.Second,the food safety risk communication information asymmetry,the information age,the rapid development of the social division of labor is getting more and more refined,food production,sales and other links more and more complicated,the food safety information becomes more and more diversified,thus increased the difficulty of the food safety information communication,lead to food safety risk communication imbalances,asymmetric information between the main body.Thirdly,there is insufficient coordination between the department law and the provisions on food safety risk.The effective implementation of the new food safety law and economic law,administrative law,criminal law and civil law regulation have inseparable relationship,between various department understanding of food safety problems and protect the progress is not the same,especially the government information disclosure regulations need to be improved.Four is the current "food safety law" the regulation is too general,questions about food safety risk communication law,enacted in 2015,was first mentioned in the "food safety",but not to the specific content of the system and detailed rules,the maneuverability of the serious lack of law enforcement.The third part: the advantages and limitations of the legal system of foreign food safety risk exchange.The term "risk communication" first appeared in 70 of the 20 th century the United States,the European Union,Japan successively introduced,earlier than the development of the domestic system for nearly 50 years,the developed countries has a relatively perfect system of food safety risk communication system.Perfect procedural law in the United States,such as the supervision and the procedural law,the federal advisory committee act and the freedom of information act,for the construction of legal system of food safety risk communication and laid a good foundation;There are also clear food safety agencies,such as the U.S.food and drug administration,the usda organic certification body,and the U.S.environmental protection agency.Japan has formed a good public participation mechanism,risk literacy cultivation mechanism and international cooperation mechanism.The eu has formed a diversified exchange mode,a standardized exchange platform and extensive international cooperation.The relatively perfect legal system for the exchange of food safety risks outside the region is worthy of our study and reference,but we should also see the defects of the relevant system outside the region,take the essence and discard the dregs.Part four: the improvement of the legal system of food safety risk exchange in China.The establishment of the system is gradual,and it needs to play its role in continuous innovation and perfection.Food safety in our country the construction of legal system and improve the risk communication,the author thinks that basically has the following five aspects: first,by perfecting the "food safety law implementing regulations",the related system for food safety risk communication related contents in the legal system of the detailed rules.Second,improve the relevant provisions of the government information disclosure regulations to make up for the deficiencies of the government information disclosure regulations.Third,perfect the public participation mechanism,enlarging risk groups to communicate to the consumer level,further diversification of risk information exchange way,improving the efficiency of the food safety risk communication.Fourthly,establish the risk exchange credit mechanism,establish a good credit basis between the risk exchange subjects and form an effective social credit system,so as to realize the function of risk exchange system.Fifth,build a food safety risk literacy cultivation mechanism,popularization of food safety knowledge education,pay attention to the public's perception of food safety risk,the government,job evaluation and preference of public information research.