China’s Food Safety Regulatory Legal System

Food safety issues, has become an iconic topics in today’s world, it is a byproduct of rapid economic development, social progress, the rich man’s disease. In China, along with economic development, people’s living standards and lifestyles are quietly changed, the food industry with the needs of the community continues to expand rapidly developed. Followed was driven by huge profits, some of the food production processors acts recklessly in pursuit of low cost, manufacturers of toxic and hazardous food, some food vendors know fake selling fake, so in collusion with the former, the formation of production black chain for selling fake or substandard food. In recent years, China’s food safety incident after another, become a hot topic of the streets the people. Food safety issues related to health and life safety of the masses, related to the development of China’s economic construction, related to peace and stability in the society, and even related to the proliferation of a nation successor, the prosperity of a food safety hazard, therefore, to be taken seriously.In recent years, China’s major food safety incidents have occurred, causing widespread concern in society and the State Council attach great importance to strongly urge parties on February28,2009,"Food Safety Law in the People’s Congress executivethe seventh meeting of the Committee have been through, and officially began in June of that year, which marks the China’s food security has now entered the history of legal regulation.However, the maturity of a society, a system need a growth process, shortly after the implementation of the Food Security Act, but also occurred in several cases such as "waste oil""Shuanghui lean" miss dumplings Candida "greater influence on food safety incidents, which once again gave us sounded the alarm, so that we clearly recognize that to establish a comprehensive food safety laws and regulatory regimes, China still has a long way to go. This paper aims to improve China’s food safety legislation and standards, establish a specific and comprehensive food safety full control of the legal system in order to protect the safety of all aspects of the food, looking forward to this article on China’s food safety regulatory legal issues raised good way.In addition to the introduction and conclusion, the paper is divided into four parts.The first part of the basic theory of regulation for food safety laws, first of all start from the concept of food safety and food safety supervision, analyzed the characteristics of the food safety standards and food safety supervision. Secondly, the meaning and characteristics of the food safety laws and regulation. Again, describes the theoretical basis of the food safety supervision, and always put safety as the highest value targets, the use of the overall management, supervision of the appropriate intervention means to take full account of people’s living quality of life, in the course of economic development, and the Food Security Act with economic law properties were analyzed. Finally, the legal system of China’s food safety regulatory development process, a total is divided into three stages of the incubation period, the start and development of the supervision of the food safety law.The second part to the legal system of foreign food safety regulation is a comparative study, analysis of a representative national food safety regulatory legal system, according to the different national regulatory focus, the article summarizes the U.S., EU and Japan on behalf of three food safety laws and regulatory model for the coordination of assigned type, unified and coordinated and consolidated supervision of food safety laws and regulatory model. Secondly, from a practical effect, compared to China’s food safety regulatory model and representation of national regulatory approach, our current model of supervision and management of merit on this basis, and then clear the same time, analysis of gaps and problems. Finally, to learn from the successful experience of the representative countries to find suitable countermeasures of China’s food safety laws and regulation of road, improve China’s food safety regulatory Legal System.The third part is the status and problems of China’s food safety regulatory legal system, first of all, citing the recent hot cooking oil incident "and" lean event, a detailed analysis of the case from the perspective of legal positivism, and thus highlightsthe need for regulation of food safety laws. On the status quo of China’s food safety laws and the regulatory regime, this paper, the existing food safety laws and regulatory system is divided into three parts, namely, the published administrative rules and regulations of food safety core laws and regulations, the State Council and its various ministries and other legal regulations on food safety regulations.The fourth part is to promote the legal construction of China’s food safety regulatory measures, for food safety enforcement work, analysis of the law enforcement body of the perfect way, to the effective implementation of the Food Security Act, based on optimization to upgrade food safety committee organization and coordination functions,strengthen the regulatory role of the local government area. Secondly, the emphasis on food safety legal system, improve the food safety market access system, speed up the process of harmonization of standards of food safety, refinement of a food recall system, the development of regulatory laws and regulations for food processing workshop, increase punitive the intensity of the compensation and the establishment of a reasonable and effective reward systems, to ensure early realization of food safety supervision. Finally, focusing on corporate self-regulation and regulatory role of a third party, to improve enterprise self-discipline, to strengthen the role of food industry associations, and media communication to increase the influence, In addition, we continue to strengthen the consumer’s own food safety supervision and management awareness.