An Analysis Of The Legal Effect Of "Food Safety Law" In China

The legal effectiveness of the "Food Safety Law" means the situation of the legal effect generated by the promulgation and implementation of "Food Safety Law". This kind of legal effect means controlling the potential risk of the food, protecting the human’s life and healthy, and crating and maintaining a safe food production and circulation, while the "Food Safety Law" be complicated、executed and applicable is the prerequisite of the legal effect. The judgment of the legal effectiveness of the "Food Safety Law" should follow the principle of the unity of objective order criteria and subjective satisfaction standard. The factors of legal norms、coercive power and social not only constitute the entire contents of the legal effectiveness of the "Food Safety Law", but also form a triangle structure to promote legal effectiveness of the "Food Safety Law" realization stability.To distinguish the food safety incident by the subjective attitude standard, China’s food safety incidents can be divided into the type of knowing, laissez-faire type of food safety incidents and negligence type of food safety incidents. Now variety of shocking food safety incidents repeated. It not only affected the normal life of people, but also caused dissatisfaction of the whole society. So we can identify the legal effectiveness of "Food Safety Law" is poor. In our country, we should focus on solving the vicious and deliberate food safety incidents which is based on the way of harming the consumer’s healthy and life to reap benefits. Corresponding to the three part of the legal effectiveness, the reason of the vicious food safety incidents is also derived from the social、legal norms and regulation.In order to curb the vicious food safety incidents, and to get more legal effectiveness of the "Food Safety Law", we should take full account of the factors of social、legal norms and regulation. Specific methods include: Establish the concept of company’s food security. Food safety is a important content of basic human rights to exist. To ensure the food safety is also a basic obligation of the food providers. Companies should establish appropriate responsibility for food safety concepts; Improve the system of "Food Safety Law". Currently the most important task is to improve the system of punitive damages system and criminal regime. But it is not means simply aggravating the responsibility of the offenders. In fact, we need comprehensive consideration to make the purpose of the system meet the actual needs of the current more effectively; Make the food safety regulatory system stringent. The most important reason of the lack of supervision is multicultural regulatory system bringing regulatory loopholes and the norms of regulatory behaviors are not in place. So we need to re-integrate the duties of the regulatory authorities and restrict the power of the regulatory, which also reflects the power need both protecting and restricting; Construct a social system of governance. It need the consumers、the general public、the operators、the media and the professional fake person play their force. Meanwhile the social system of governance should construct under the government’s encouragement. Therefore, the government should construct social governance of propaganda system, implementation of the system, he system of interests and industry associations.