Food Safe Supervision Legal Matter Research In Our Country

Food is the livelihood and development basic material of humanity. Food security relates to people physical and moral integrity, national economy and people's livelihood. In recent years, along with the economics'globalization and the international food trade's expansion day by day, some countries and the areas have had the food security malignant event frequently and internationally. Food becomes the hot spot of the current various countries research safely. Some industrially advanced countries and international organizations utilizes the legal means safeguard food security, which has formed the more perfect food safe supervision legal framework and the theory gradually.In our country, the food security problem also highlights day after day, already having become to affect our country society harmony and stable. it affects the important attribute of food foreign trade development, then it affects the comprehensive construction affluent society's advancement. Forms the perfect legal supervision system to be imperative.Our country existing food safe related legal framework exists many flaws, such as lack of unity and coordination, and food safe supervision exists multi-thread law enforcement and the supervision power and responsibility unclear and so on. It doesn't adapt needing of the social development obviously. Our country in food safe supervision law research has aspected and developed countries existence very big disparity. Therefore, it is a very important theory and the practical significance that the research formulation has the Chinese characteristic food safe supervision legal framework, regarding safeguards our country people's physical and moral integrity, to maintain the social stability in order to promote international trade.This article through food safe supervision legal regime, system's present situation and the existence question's analysis, profits from European Union, the US, Japan and other developed country in food security supervision experience, in view of our country national condition, from aspects and other supervision pattern, organization system, legislative work obtained, to propose the system supervision system's mentality and the frame, preventing, the science highly effective food safe supervision legal framework for the construction to provide the theory basis and the policy suggestion primarily. This article mainly includes four partial contents:The first part, carries on the outline the food security and the supervision elementary theory. Safe and the related concept have carried on the elaboration and the discrimination to food, carrying on the science limits to food security's concept, namely food the planter, the cultivation, the processing, the packing, store, activities and other transportation, sale, expense to conform to the national compulsion standard and the request, not existing possible to harm or the threat for human body health virulent deleterious substance which causes the consumers dead of illness or endangering the consumers and descendant's hidden danger. The selective analysis has carried on the legal supervision safely to food the necessity: Looking from the sociological stratification plane, the food security problem harasses our country socialist economy order, harms people's life and health; looking from the economic angle, food security's intrinsic attribute like public goods in attribute, exterior natural and food security's characteristics and other information symmetry not requesting the law to carry on the supervision to it.The second part, carries on the inspection to the overseas food safe supervision legal regime. The food security problem is a global question, and the developed countries have already established the more perfect national food security legislation system, like extensively carrying out from the farmland to the dinner table entire journey monitoring, establishing the special food safe leader synchronizing gear, stressing that the prevention principle importance, practicing the food security information disclosure system, recalling the system of the traceability and food, establishing the advanced food quality standard of security system and the examination system and so on. Meanwhile having achieved in reality or the government supervision to be powerful basically, the nation enjoys the safety and health the food supply goal. This part emphatically to European Union, American and Japanese food security legislation supervision condition so that it can conduct the research, inspects its advanced idea, the system and profits from the significance to our country food security legislation supervision.The third part, analyzes our country food safe supervision legal framework's present situation, the existence questions from the legislation and the law enforcement stratification plane. First, it has outlined our country food safe supervision system present situation. Talking our country Food Safety control organizations and agencies and the division of labor, it points out that our country food safe supervision system the existence question, namely lack of an authoritative leader synchronizing gear. Either the management by supervision efficiency is low, the central committee and the place relations wait for further straighten out, the law enforcement lacks the standardization and the endurance, lacks food safe rapid reaction mechanism, the state finance investment insufficiency, the examination organization resources deployment is unreasonable, food safety work support system weak and so on. Next, briefs our country food security legislation system present situation. Our country has already formulated a series of implement the laws and regulations for the purpose of guaranteeing which, the rules and regulations food security or with it related laws and regulations, like the country Legislature making the law which, the State Council and the related department formulates and so on, but implements the situation on at present, there are also many flaws, like between the laws and regulations serious lag. The laws and regulations have the conflict, the legal effect to be insufficient, and the responsibility does not undertakes the mechanism perfectly, the laws and regulations to lack openness, with the international trail connection insufficient and so on, Affects finally is supervising the effect.The fourth part, the research proposes that consummates our country food safe supervision legal regime and system's suggestions. In the fore-mentioned foundation, establishes our country food security legislation supervision principle of three aspects, to construct our country food security legislation system reasonably and to consummate our country food security legislation supervision system, to propose that strengthens our country food security legislation supervision the suggestion. Lacks the systematic characteristic and the coordination in view of our country in the legislative aspect about food security's laws and regulations, proposes that it should formulate a food security aspect fundamental law. Simultaneously must consummate the partial food safe concrete legal regime, like the market access, the market examination, the quality authentication, the security credit, the information issued that food recalls and so on. In the law enforcement aspect suggests establishing the cross ministries' and commissions' national unified China Food Security Committee, unifying the organization, coordinated, the management food trouble-free service, changing policy to come out of many doors pattern.And it simultaneously suggests that it should enrich food safe supervision responsibility, guarantees the food safe supervision the validity.