The Study Of Food Safety Supervision Mechanism Of Publicparticipation In Legislation

In front of the frequent incidents of food safety, food safety supervision department isobviously inadequate, public participation in the regulation of food safety has become aninevitable. Some regulations of China’s food safety laws and regulations have been publicparticipation, but the existing legal provisions are too scattered, not specific enough, the lackof operability and incentive mechanism, public participation in the breadth and depth is still atthe low level, the actual effect of public participation and supervision is not ideal, we need tobuild more legal mechanism of food safety supervision of public participation in the activeand effective, in order to improve the participation of the public, the effectiveness ofimproving public participation, based on the existing system of food safety supervision inChina, analysis of existing rules exist and its operational problems, and learn from thesuccessful experience of foreign related system, exploring the path of perfecting the legalmechanism involved food safety supervision in the public of China, and to maximize theprotection of food security interests of the public, and promote the healthy development of thesocialist market economic order. The article is divided into five parts.The first part is the basic problems of food safety supervision mechanism of publicparticipation in legislation. This part mainly discusses the general definition of publicparticipation, and public participation in the main, and the boundary characteristics etc..Specific to the field of food safety supervision, public participation has some particularity inthe subject, and boundaries, but is generally consistent with the general feature.The second part discusses the food safety supervision and public participation in thetheoretical foundation and practical demands. Participatory democracy theory, theory and thegovernment failure theory from different aspects, laid the theoretical foundation of publicparticipation; the practice situation of food safety supervision we need to introduce amechanism for public participation, so as to make up for the lack of government regulation,the formation of government regulatory supervision, and to defend the public as consumers infood production and operation of the the final decision. The third part is our analysis of the current problems of food safety supervision of publicparticipation. In this part of the review and analysis of food safety supervision of publicparticipation in China’s existing regulations on public participation system, analysis ofexisting problems faced in practice. Questions focused on the information disclosuremechanism is not perfect due to insufficient basis for public participation, public reportsystem is not perfect cause lack of feedback mechanism of public participation, lack of publicparticipation rights in softening, lack of innovation by the public participation is not high.The fourth part is a study on the public participation system of food safety supervision offoreign experience, this part discusses and compares USA, Japan and the European Union inthe relevant system, and summarizes the Enlightenment of three experience common to china.The fifth part is the choice of the path to improve the food safety supervision and publicparticipation in China’s legal system. Complete path to the food safety information disclosureas the foundation, to improve public participation in the food safety legislation and standards,and then put forward to construct the benign interaction mechanism between the governmentand the public, and strengthen the role of social organizations in the food safety supervision,improve the food safety regulatory public report, and finally explores the public about foodsafety public litigation system.