Research On The Legal System For Quality And Safety Supervision Of Aquatic Products In China

China is not only the largest fisheries producer,but also the largest consumer of aquatic products all over the world.The quality and safety of aquatic products is not only related to the health and life safety of the people,but also to economic development and social stability.However,the emergence of aquatic product safety incidents such as the hairy crab carcinogenic incident in 2018 and the brother old official bullfrog incident in 2019 has pushed the quality and safety of aquatic products to the cusp of the storm,attracting the attention of regulatory authorities and the public.Aquatic products have special characteristics in aquaculture,production,transportation and market sales.First of all,the quality and safety of aquatic products are closely related to the environment of aquaculture waters and the use of inputs,and problems that do not meet quality and safety standards are easy to occur in the aquaculture production process.Secondly,aquatic products have the particularity that is not easy to preserve,and most of the aquaculture production is located far from the city such as coastal and along the lake,and most aquatic products need to be transported for a long time from the place of origin to the market,coupled with the rise of online shopping,the problems of rot and deterioration due to improper preservation and other problems in the transportation process are becoming increasingly serious;Finally,in the market sales link,because most aquatic products are bulk unpackaged products,it is not only difficult for consumers to query quality and safety traceability information,but also difficult for producers,operators and administrative departments to trace the source after aquatic product safety incidents.At the same time,aquatic product safety issues usually have the characteristics of long incubation time and wide scope.Therefore,improving the legal system for the supervision of the quality and safety of aquatic products in China is of great and urgent practical significance.At present,there are no special laws and regulations on the quality and safety of aquatic products at the national level,and the existing provisions of the Food Safety Law and the Agricultural Product Quality and Safety Law are more principled and universal,which cannot well regulate the behavior of aquatic product production and sales operators and improve the regulatory efficiency of administrative departments.After research,there are still urgent areas for improvement in China’s legal system for the supervision of water product quality and safety.These areas are specifically reflected in three aspects: Firstly,the risk assessment institution lacks independence,the mechanism for initiating evaluations is limited,and supporting systems for risk communication are lacking.Secondly,there is no legal basis for mandatory traceability supervision of water products,there is a lack of enforceable certification for meeting quality and safety standards,and information disclosure on quality and safety is insufficient.Lastly,there is a lack of procedural regulations for public participation,and the complaint reporting system is incomplete.The eligibility criteria for public interest litigation are also limited.In summary,improvements are needed in these areas to strengthen the supervision of water product quality and safety in China.In order to solve the above legal system problems,this article focuses on the legal system of aquatic product quality and safety supervision in China.Part 1,the analysis of aquatic product quality and safety and its regulatory system is conducted,and further research is carried out based on the theoretical basis of aquatic product quality and safety supervision.Part 2,clarify the current situation of legal system for the supervision of aquatic product quality and safety in China,conduct in-depth analysis and find out the shortcomings of the existing system.Part 4,it introduces the legislative practice experience of developed countries represented by the European Union,the United States and Japan in the supervision of aquatic product quality and safety,and summarizes the enlightenment for improving relevant legal system.Part 4,suggestions are put forward to improve the legal system for the supervision of the quality and safety of aquatic products in China.