The Legal Issues' Study Of Chinese Food Safety Standards Based On SPS Agreement

With the development of agriculture and technique,human being has more demands about food.The mind of having enough food is out of date.The safety of food is getting more attention and concern some counties set rather unreasonable higher standards and strict demands with excuses of protecting their citizens' life health and ecological environment in order to protect domestic development of food and other related industry,which will turn the trade measures of food safety into a new trade barrier of it.The trade barrier of food safety which is the thing that get most attention in international food trade currently is also attached importance to from WTO.Driven by WTO,Agreement on the Application on the Sanitary and Phytosanitary Measures was born.Being the most developing country in the world,China has involved in international trade of which food trade is a critical part.China is late to formulate regulations of food safety and there is the lag of related legislative regulation compared with developed countries.Food hygiene inspection and quarantine standards are relatively loose,simultaneously the science and technology level of food sanitary inspection and quarantine have differences between our country and developed countries.These several reasons make our country face great challenges in food export trade.The course of our country 's internationalization will be hampered even more hard if we cannot break through the trade barriers of developed countries and regions resulting in that we cannot get involved in international food trade more deeply.The problem to be solved is how to make use of relevant rules of SPS AGREEMENT more effectively and how to learn legal experience from other developed countries so as to perfect correlative laws of food safetystandards.Based on food safety law standards of SPS AGREEMENT,the paper teases out the disadvantages and deficiency of the laws of food safety standards and proposes feasible proposal to perfect our nation ' related legal regulation by analyzing its main content and basic principles and by learning from correlative cases and other countries ' mature experience in regulating the food sanitary standards.This paper has three chapters.Chapter one mainly introduce the background and main content of SPS AGREEMENT.Firstly,it defines food safety and its standard in law,clearing about the scope of study preliminarily.Then,it expounds basic principles and main parts of SPS AGREEMENT and pave the way for emphasizing on elemental principles and vital items of SPS AGREEMENT in the following part.Chapter two is the part of analysis and understanding of basic principles and vital items of SPS AGREEMENT which analyzes significant items and fundamental principles in detail.It also analyses how to use these principles and vital items of SPS AGREEMENT combined with cases.Chapter three is the core of whole paper.It submits feasible proposals that perfect food safety legislative system of our country.This part primarily analyzes the current situation of food safety legislative regulation in our country,then describes disadvantage and deficiency of existing legislative mechanism.At last,directing at these deficiency,it proposes new legal solutions that China should took in terms of food safety legislation with the purpose of perfecting our country ' legal institution and mechanism of food safety.