Font Size: a A A

Analysis On The Subsequent Supervision System Of Food Production License

Posted on:2019-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:J WeiFull Text:PDF
GTID:2416330596459850Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
The political thought of "the country is people-oriented,while people are food-and-clothing oriented" is recorded in the “Political Affairs during Zhen'guan Period”.What cannot be neglected for the politicians are the diet issues of the folks.Nowadays,the food issues that we concern about are no longer the traditional food quantity safety risk,but it is how to guarantee the food quality safety and nutrition reasonability.In recent years,the frequent exposure of food safety incidents in food production and processing,such as "Sanlu milk powder" and Shang hai "Fuxi" incident,has made us deeply realize the importance and urgency of food safety issues.The report of the 19 th National Congress pointed out that the country has implemented a food safety strategy to reassure the people.Food safety gradually plays an important role in social development and has become an important aspect to measure people's life quality,social management level and national legal construction.In 2012,the central government has proposed the requirement of "steadily advancing the super ministry reform and improving the department responsibility system".China has made remarkable achievements in improving the supervision system and mechanism of food safety and activating the capacity construction of food safety guarantee through some measures such as integrating supervision organizations and revising laws and regulations.In order to adapt to the new situation of the development of economic society,to ensure food safety and to guarantee the life and health of consumers,the “Food Safety Law” hailed as the strictest one in history was implemented immediately in 2015.As a legal norm in the special field of regulation,the law stipulates that food safety work takes prevention,risk management,whole-process control and social co-governance as basic principles,and requires the establishment of scientific and strictsupervision and management system.After the institutional reform,relevant legal norms were implemented at the national level in due time,which made the supervision of food production more detailed and strengthened the operability of the law.The food supervision department conducts daily supervision and inspection on food production enterprises by means of risk classification management and reasonable allocation of administrative resources.Meanwhile,it supervises enterprises to establish traceability system,to make functions in preventing risks,implementing the responsibility of enterprises and protecting the legitimate rights of consumers.From the perspectives of current food laws and regulations,China has initially generated a legal system of food safety based on laws,supplemented by administrative regulations,departmental regulations and local regulations.With the development and progress of China's economic society,the change of food production and management and the change of consumption pattern,as well as the globalization of economy and trade,the supervision of food safety is bound to be confronted with some new situations.It is impossible to take “zero risk” in all parts of food.The irreconcilable contradiction between the infinity of food problems and the finiteness of food safety regulatory resources determines that food safety governance cannot be accomplished in an action on account of the implementation of a certain legal norm.Relevant statistics also show that China's food quality and safety guarantee capacity cannot catch up with the developed countries.Confronted with the challenge of the times,the legislation of food safety supervision system must keep abreast with the times and continue to improve.Therefore,it is necessary to conduct a deep research on the subsequent supervision system of China's food production license and the current situation thereof.This article discusses the legal system of the follow-up supervision of food production license in China from five parts.This article takes the food production license follow-up supervision related system as the research object,carries on the definition to the system related concept.Literature research method,empirical analysis method and comparative research method were used to study the follow-up supervision system of food production license.Through collecting,at home and abroad about the food safety supervision and management of books,periodicals,meeting reports and other literature,understanding of the domestic food production and processing process supervision,supervision in our country the status quo of abroad and research in the field of food production supervisionsystem,the foreign and domestic food safety laws and regulations of contrast,find out domestic food production license follow-up supervision laws and regulations and the overseas food production license of follow-up supervision laws and regulations of the compared with the similarities and differences as well as the advantages and disadvantages,learn from good experiences and practices,and then put forward the proposal to consummate the system.There are some experiences for China to draw lessons from in the follow-up supervision system of food production license outside China.Second,further promote food production enterprises to implement hazard analysis and critical control point system;Third,improve the self-discipline mechanism of food production enterprises;Fourth,enhance the management ability of food industry association.Abroad experience to perfect our food production license is proposed on the basis of the idea of the follow-up supervision system: one is to establish a system of food safety inspector: clear food safety inspector responsibilities and legal status,clear food safety inspectors unified qualification requirements,establish a unified food safety professional inspectors hierarchical management,salary,personnel training and appraisal system,establish a unified food safety standard;The second is to improve China's food safety recall system: expand the scope of food recall responsibility subject,establish effective incentive measures and deterrent punishment mechanism,establish perfect supporting system to support the implementation of recall system;Third,improve China's food safety risk exchange system: give equal exchange status to food safety risk exchange subjects,expand the scope of food safety risk exchange,and establish a sound food safety risk exchange mechanism;Fourth,optimize the domestic food safety credit system: to build a diversified supply of food safety credit information,establish a legal system of food safety credit,establish a unified food safety credit rating standard,and build a relief system of food safety credit system.
Keywords/Search Tags:Food Production License, Food safety regulation, Food producing and processing
PDF Full Text Request
Related items