Study On The Administrative Punishment System Of Expired Food

Food Safety is related to the health and life safety of the people,economic development and social stability.With the improvement of people's living standards,people's requirements for food,from the initial to eat full to now to eat well,eat safety.Therefore,the requirements for law enforcement by the administrative departments are also getting higher and higher.With the joint efforts of the whole society,the current food safety situation has been greatly improved,but there are still some problems that are difficult to solve For example,the issue of administrative penalty for selling expired food,and food safety administrative penalty is an important guarantee of food safety.At present,the administrative punishment is the most important part of the food safety administrative supervision of expired food.At present,the research on the administrative punishment of expired food is not systematic in our country.Most of the scholars' research on administrative punishment is limited to the study on administrative law enforcement in the comprehensive social governance,but less on the study on expired food.The discussion on the issue of expired food safety mostly exists in the public administration,but it can not be ignored that in the aspect of food administrative punishment,the most noteworthy thing is that the relevant system and mechanism of our country is not perfect enough But the center lies in the food safety legal system is not perfect.Administrative law enforcement as the most close link with the masses,if we can not obtain theauthorization of laws and regulations,it will not be able to carry out administrative supervision of food safety.Therefore,the food safety problem is not only a management problem,its root is a legal problem,it needs to be studied from the perspective of law,to find the root of the problem,in order to fundamentally solve the problem.In the process of administrative punishment for expired food,the following problems mainly exist.First,the administrative punishment provisions for expired food not yet sold on the shelves of supermarkets are ambiguous,and administrative punishment for the same illegal situation varies from place to place It undermines the integrity of the law.The second is that the minimum fine of 50,000 yuan for the administrative punishment of expired food is too high,which brings about great hidden dangers and leads to such phenomena as violent resistance to the law Thirdly,the phenomenon of "one size fits all" in the regulations on administrative punishment for expired food is serious,and there is no clear distinction between those who violate the law and those who produce or trade in food If the act of marking and the act of producing and selling expired food are not distinguished,it will lead to the phenomenon of heavy or light punishment.Fourth,there is no updated mechanism for the penalty amount of expired food administrative penalty,with the development of the Times,it will lead to the penalty amount out of line with the actual situation,resulting in substantive Midwestern Sectional Figure Skating Championships issues.In order to solve the above problems,we should perfect them in thefollowing aspects.First,the administrative punishment provisions for expired food not yet sold on supermarket shelves should be detailed,and the punishment should be based on the subjective malignity of the offender and the actual social harmfulness.The second is that the minimum amount of penalty in the expired food administrative penalty system should be combined with the actual and specific cases in China.Thirdly,the administrative punishment system of expired food should be broken down and detailed rules of punishment should be issued according to the circumstances.The fourth is to set up a real-time updating mechanism for the penalty amount of expired food administrative penalty,so that it can adapt to the status quo of law enforcement and keep pace with the times.