Study On The Food Circulation Permit Supervision System Under The Super Operating Mode

At the present stage of our country’s food safety accidents, the reason is the foodsafety regulatory system failed to play its due role, the food safety regulatorymechanism after several functional adjustment, again on the segmented supervisionmodel re integration. Although the law enforcement mode can effectively deal withthe problem of undocumented operators, but with the increasing number of foodbusiness units, the civil legal relationship between operators and other civil subjectsare becoming more complex, from the food circulation permit access to the regulatoryaspects constantly have new problems to be solved. In the field of food circulation,there is a contract between large companies have mainstay super and food merchantssettled in two, both sides are equal and independent market main body, the two shouldbe based on the voluntary negotiation way stipulated the rights and obligations ofboth parties, in order to achieve the maximization of the interests of the two parties.But in practice, large supermarkets often with its exclusive advantage and foodbusinesses signed a contract format, the purpose is to control the business settled,using its own advantages such as the venue, goodwill merchants settled out of thefood circulation permit, to put off by the administrative department of supervision,and with super and merchants settled internal contract management agreed to replacesb. Large business between competing relationship for market share, there is noindustry organization management, each take is responsible for the superior regionalcorporation. Therefore, in the process of administrative departments in thesupervision of external form, for the relative food circulation permit only super, themerchants settled alone for food distribution license and business license. Thisseemingly gave food merchants settled without themselves to face the protectionmode of industry and commerce, taxation, food, medicine and other administrativesupervision departments alone, is the essence of merchants settled in the form of formcontract bound in the super "barony", let merchants settled through every injusticeand unable to fight. The majority of merchants settled in large supermarkets in the trial operation after a few years, in a certain degree of customers and visibilityconditions, have independent shop exit super business model. Because the preparationto enter the local market will pay higher operating costs, so foreign businesses onlythrough super business model is to quickly enter the local district business shortcut.Therefore, they can only accept the super pay a deposit, payment, retention can notindependently determine the sales price or quantity discount and the unequalconditions. The external effect result is settled in the business will increase the costonto consumers. Super this business model not only makes the food merchants settledthe rights have been violated directly, but also indirectly violated the rights ofconsumers. Super’s behavior hinders the administrative supervision in accepting thefood circulation permit on the opposite party of the administrative licensing lawstatus confirmation, administrative organs for subsequent administrative license hasbrought uncertainty. With the deepening of the reform of enterprise registrationsystem, and gradually establish the social credit system of publicity, the foodregulatory uncertainty factors will lead to the absence of the administrativesupervision function.Super the contract hinders administrative regulation on food merchants settled.As the food circulation supervision mode of administrative license should also beadvancing with the times, seeking to improve the corresponding system destroy theold and establish the new, to solve this problem. In our country to construct the legalsystem of food safety, the government should rely on the market, consumer groupsand social forces, strengthen the long-term supervision mechanism of self supervision,industry self-regulation, consumer complaints, social media and other comprehensivesupervision by the administrative organs, implement normalization,institutionalization of administrative legal supervision of food safety. But because ofweak law enforcement and other reasons, in recent years, the booming foodcirculation of the super model, only stay in the use of contract management to realizethe self supervision of food safety. Super mode of operation, a large number of foodmerchants settled whether should also be included in the scope of administrativelicense system? Should the food merchants settled directly in the administrativesupervision? These are questions that are worth researching. This super through internal management to achieve the food merchants settled whether constraint is thebest means of administrative regulation is also worth pondering. At the legislativelevel, due to the lack of a sound legal system for food merchants settled right toprovide effective protection, permit supervision mode of the existing super mode, itsrationality cannot find legal basis. The food merchants settled how to establish a fairand lawful supervision mechanism of administrative license from access tosupervision, to create a relaxed and equal, fair and competitive market environmentfor operators, to create a public credit environment for consumers, is to solve thisproblem.