The Improvement Of The Theory Of Food Safety Supervision System In Our Country

Food safety has been significant to the national economy and the people’s livelihood and also attracted the attention from the party, state and every individual for decades. More recently, food-safety accidents happened frequently, which highlights the importance of food safety. Hence, a comprehensive and effective Food Safety Regulatory System (FSRS) is particularly necessary. In2009, Food Safety Law came. It provides some basis at the beginning of supervision on food safety in China, for instance, the risk assessment of food safety and the related regulation. The food safety law indicates that not only the determination and revision of food-safety standard but also the supervision and implementation of food safety should follow results from the risk assessment. However, problems on restrictions during the supervision of food safety still exist so that the regulation on food safety has been serious. Even though the revision of food safety law has been finished, contradictions under the cover of FSRS still need to be discussed and improved. After the revision of food safety law, this paper proposes helpful thoughts on a comprehensive FSRS from a legal point of view. This paper includes the current situation of food-safety supervision, the definition of related legal concepts and the comparison between domestic and overseas revision of food safety law.This paper consists of five sections to discuss the problems of food-safety supervision under a legal framework. The outline is as follows:The first section describes the basic theories on the supervision of food safety, particularly for the definition and analysis of the boundary on the food-safety supervision. The section is prepared for the following discussion and investigation.The second section sources out the history in China about the regulation of food safety, from the planned, combined and segmented regulation. These three stages display the evolution of food-safety regulation in China. With the analysis of legal basis, the supervision agency, the regulation process and result, this section illustrates the problems before the revision of food safety law and some examples have been shown in order to reveal the long journey before the achievement on the complete legalization of food-safety regulation.The third section particularly analyzes the regulation of food safety overseas. The Multi-section cooperation system in the food-safety regulation in America not only ensures the cooperation and clear authority between departments but also promotes the participation of citizens and the update of regulation. The uniform standard of food-safety regulation in European Union displays a lot of advantages, prevention first, improvement of the legal system and regulatory independence etc. In Japan, multilateral collaborative checks and balances in supervision guarantee the reasonable organization cooperation of departments. The collaboration between managers, customers and companies can be improved. These different processes of regulation are in agreement with the region or country. This section also provides the discussion particularly for China and how to take advantages of various regulations to improve our FSRS.The forth section is to evaluation of effects by Food Safety Law (revised) on the current food-safety regulation. Under the revolution of the food safety regulatory authority of the state council, the mainly revision is on:complete regulatory system reform and transform government function, implement the core responsibility, determine the duty of local authorities, creativity on regulation and transformation; To realize social mutual administration; put Heavy penalties in illegal behavior.Meanwhile, from the perspective of regulation system,method and extent, the food safety law (revised draft SongShenGao) compared with the "food safety" before modification, and emphasizes the food safety law (revised draft SongShenGao) for regulatory system in the content of the more macro on the functions and powers, more unified, department, division of labor is more clear, more transparent regulation and diversification. In either width or depth, the revised draft of "food safety" had big improvments, the contents are omprehensive and proper, compared to the previous.The final section is to propose the possible improvement on Food Safety Law, for example, the connection between Food safety law and other relevant law, how to deal with the overlap of legal points and contradiction, the systematic management within food safety law. Also, we can consider the supervision of food safety regulation and how to avoid corruption; reward on correct reports of food safety problems can be the additional supervision. These suggestions are to improve our FSRS as much as possible.