Governmental Accountability In The Supervision Of Food Safety

Governmental accountability in the supervision of food safety is a major theoretical and practical issue in the building of the food safety system of a country; it is also a crucial issue of food safety in almost all countries over the world. If properly implemented, it would ensure a sound and orderly operation of the nation food safety system. Otherwise, serious hazard may take place, resulting in chaos in the government internal responsibility system, such as exceeding; losing or overlapping its authority, or even worse, it may result in the failures of government supervision, market confusion and incidents of food detrimental damage. To begin with the perspective of analysis between food safety and government responsibility, based on analysis on the advanced experiences from other countries, the author points out, the key point of governmental accountability in the supervision of food safety lies in two aspects, e.g., the improvement of the law and the enforcement of the law. Thus, it is extremely necessary to analyze them. Moreover, from the perspective of an individual case of food safety, the author illustrates the legislative purpose and principle of the legislation in food safety. Then, based on a good study and comparison, the author brings forward a series of institutional measures to optimize the governmental accountability in the supervision of food safety, and finally, advances the system as a last means to guarantee the success of governmental accountability..In addition to the"Introduction"and"Conclusion", this paper covers five major parts (the first chapter to the fifth chapter).Starting from the changes in different stages in the understanding of the content of food safety, its development, and a comparison between related concepts, through theoretical and practical analysis, Chapter I clarifies and defines the scope of governmental accountability in the supervision of food safety, this paper explains the necessity of government in shouldering the responsibility for food safety. First of all, by a matriculate study and analysis of the text on the allocation of governments responsibility in the food security law, the author deems that the current rules of governments responsibility in the supervision of food safety is ambiguity, which is a serious defect and consequently leads to such problems as excess of authority, power contention, renunciation in supervision, blocking the efficiency in the supervision of food safety in China. Secondly, through a practical study of the government food safety responsibility system, the author has come to the conclusion that in their administrative practice on food safety, the government has not set up a timely supporting series of system for the food safety law, meanwhile, neither do they earnestly build up a series of system for the food safety law, which in consequence lead to the low efficiency in the supervision of food safety.Chapterâ…¡conducts a comparative study of governmental accountability in the supervision of food safety. The author first analyses the causes of the system, and points out such factors as economic development, social reforms and political changes demand the government to be responsible for the supervision of food safety. Next, the author, by analyzing the supervision system for food safety in other countries, found out that a unified and perfect food legislation, integrated with a unified management of resources, and an effective control system design are the basic conditions for them to obtain a success in their supervision of food safety in all foreign countries. At last, the author sums up the revelation gained from this foreign mode, which derived from a more complete legal system, a clearer division of their individual rights among different regulatory, a stricter government accountability, fewer disputes, all of these are beneficial experiences for our country to draw on..Chapterâ…¢deals with a study of the executive and legislative accountability of the government in the supervision of food safety. The author points out the most important problem is that, in the legislation of food safety, the legislative purpose is not clear, which easily creates legislative conflict and confusion. Secondly, failure in the implementation of legislative principle will likely brings about tense and overlap between different food legislations. Here through the analysis of the structure of interest in the food industry, the author points out the unique or specific need among the different stakeholders in the food industry, and clarify the relationship among different interest groups in food balance, making an effective adjustment in the structure of interest is the foundational goal in the supervision of food. Thirdly, under the guiding point of the principles of administrative law, the author makes a specific analysis in the concrete application of the principle of legality and the principle of proportionality in the food safety legislation, and points out the principle of legality is the basic condition to ensure an effective display in the food supervision and holding back troublesome food problems. The principle of proportionality is the degree requirement and effort limitation for the government in the supervision of food safety. Only a legitimate and reasonable supervision is the most effective supervision.Chapterâ…£, aiming at the imperfection of the government law enforcement system, puts forward some optimization measures. First, the author believes contemporary administrative model has transformed into a"responsive"model from the traditional model. So the food supervision model has to be change. Secondly, the author discusses the organizational system, supervision model and regulatory in the government supervision from both the concept of law enforcement and institutional measure in the food safety supervision. When the government, it was pointed out, conducts supervision in food safety, the government must pursue not only the result of the interest of the regulatory, but also the value of the regulatory process. It is stressed that under the idea of risk management, how we should construct various systems specifically. A special discussion is offered by the author on the structure of the responsive mechanism in the governmental food safety supervision. It is both very important and significant theoretically as well as practically to build up a responsive mechanism in the food supervision in China, which is not only a remedy to the shortage of single regulatory capacity by the government, but also fully develop the power of the public to effectively restrict and control the illegal food business operators..Chapterâ…¤mainly discusses the government accountability in food safety supervision. The author first analyses the general theory of government accountability in the supervision of food safety. By sorting out the legal provisions involved in the existing legal system, the author summarizes many problems in the governmental accountability in our country, such as lack of codification of specific legislation, the contents of government accountability are strong in general but weal in actual operation, lack of ways and means in government accountability, the government does not have a strong sense of accountability etc. the author further puts forward some corresponding measures. The author next analyses the construction of government accountability in the field of food safety. The significance of building up the accountability of the food safety supervision is stressed. The author analyses the practice of the present system theoretically, and points out the way to improve the legislation and system construction. Efforts should be made to strengthen the governmental accountability in our country, so as to impose the ultimate protection of governmental accountability in the supervision of food safety.