Study On The Supervision System Of Food Security Under The Administrative Law

Food is the innate need for human survival. Food is the material base for the humanity survival and development. The problem of food security is not only concerns the vital interest of the mass, but also concerns domestic economy and social development. In the past 30 years of reform and opening policy, the management of food security in our country has improved considerably, but the situation is still stern. The confidence decline on public was at an all-time, because of a series of food security accident, such as Fuyang inferior powdered milk event,Sanlu milk powder scandal, and so on. From the perspective of Administrative Law ,The basic reason of the food security problems in our country are dislocating supervising system, the imperfect of Administrative Organization Law, the distribution of administrative is irrationality, power supervision main body multiversity and the lack of responsibility binding mechanisms.Government regulates the food security has profound fundamentals of Science of Law: protecting the right to life and health, economic need to interfere with executive power, ensuring food security is an important duty of the government. A further research should be done for the perfection of Administrative Organization Law, reasonable allocation of executive power and setting responsibility to supervision main body. After analyzing the reformation of the supervising system of food security in the developed country, we find that a high degree of centralized organizations of supervision of food security is the radical solution to the problem of food security, and establishes the food security system towards this direction.The central government and many local governments of China also have carried out active exploration in this field through make laws, rules and regulatory documents , but still stay in the elementary stage. The Law of Food security has passed at the beginning of this year, but it still follow the mode of multi-sectoral supervision, and the limit of authority of Food Security Commission also does not defined, it is difficult to improve the situation remarkably. Under the Administrative Law, in order to improve the situation of food security should combine the realities of our country, take a bottom-up approach to perfect the Administrative Organization Law , integrate progressively the supervision authority to a single sector , strengthen the authority and the authoritative of the orchestration of the Food Security Commission, enhance the sense of responsibility of the supervision organization, and establish a supervising system with well defined power and responsibility.