The Study On The Legal System Of Chinese Food Safety Supervision

The legal system of food safety supervision and the establishment play a very important role in ensuring food security, combating and preventing the action which will be harm for the food safety. At present, the legal system of food safety supervision in some developed countries and areas have reached the extent. Food environment in their areas are relatively safe. In2009, China promulgated the Law of Chinese Food Safety as the basic content of the food safety supervision and administration, as the legal system of food safety supervision framework have been founded, which is the important milepost of China’s food security.The law of food safety supervision is an organic entirety, basically include the regulation of food safety legislation, the food safety supervision system of food safety, regulators and the regulated legal liability, release of food safety information system of the five content. They do not exist independently, but the mutual penetration, mutual protection and supplementary. Like a bucket of five panels, as long as there is a piece of insufficient length, it will affect the whole cask storage capacity. Only the elements of the building also need synchronous propulsion can effectively solve the dilemma of food safety in our country. At present, although our country obtained greater progress in a few respects, but the progress is still slow. However, regulatory system, poor coordination, regulators responsibilities are not clear, and the regulators of the accountability mechanism is not perfect, the regulators" responsibility is not reasonable, partial information publish system is not perfect to restrict the development bottleneck of our food safety regulation system.Through the full review of related literature and writings, in adhering to a consensus on the basis, this paper also involved new views of some problems. First of all, the concept of the food safety focuses the analysis of some misleading content. The follow-up of the food regulatory system research have laid the necessary foundation. Such as the law of harmless food regulation does not mean the food must be completely non-toxic harmless, but it need to be bounded on opposite condition. Undocumented production operator is responsibility to maintain a basic understanding. Second part introduces the basic content of legal system of food safety supervision, and proposes the risk analysis and the control system. The system of food recall, food information traceability system in food safety supervision should be regarded as three large bases of the legal system of food safety supervision system and promoting the construction. Third part focuses on the analysis of regulated legal responsibility. At the same time, repeated endanger food safety behavior also presents cumulative double punishment suggestion.This paper includes four parts. The first part describes the present situation of food safety in China and China’s legal system of food safety supervision basic content. The former on food safety implications are discussed in detail, which listed the present major food safety problems and hidden dangers in our country. Both the food safety supervision system, basic system, food safety information release system and the legal responsibilities of the four angles are introduced to describe our country food safety law safeguarding the basic content of law. The second part studies our country legal system of food safety supervision the inadequacy of existence at present, including the food safety regulatory system, related legal liability issues, food safety information exchange three angle. The third part introduces legal system of food safety supervision in some developed countries, including the United States, the European Union, Japan and Canada. The part describes the focus of risk assessment and monitoring system, the food recall system, traceability system in these countries. And then it will combine the advanced experience of these countries with China’s food safety supervision legal system construction based on the specific situation in China. The fourth part suggested measures about five aspects of China’s food safety supervision legal system, including the aspect of legislation, supervision system, the advanced monitoring system, legal liability, information exchange mechanism, and put forward the concrete suggestion.