A Study Of The Issue Of The Food Safety Supervision And Administration Within Circulation Domain In China

The food safety supervision and administration within circulation domain are part of the food safety supervision and administration in China, as well as the indispensable link. How the food supervision and administration is conducted will affect people’s general living standard, health, and social stability. Circulation domain bears different futures from other fields, which calls for different solving methods. The food supervision and administration within circulation domain are strengthened after the appearance of Food Safety Law towards the study of the food safety supervision and administration within circulation domain. Meanwhile, some experts and scholars have implemented the research on food safety issues and achieved certain positive results. However, the food supervision and administration within circulation domain are still needed to be enhanced. From the view of the overall condition of China’s food safety today, it is still a weak domain for the food supervision and administration within circulation domain and the theoretical study of the food supervision and administration within circulation domain is still needed to be improved. In order for the effective management in circulation of the food, improving the circulation of food supervision measures, reducing social concerns about food safety and panic, it is necessary to explore and study the supervision and management of the circulation of food, developing new mechanisms and new measures, new theory, supervision of food circulation. According to the characteristics of the circulation area, from different angles, using various methods, study on food supervision and management.The first chapter of this paper, is to tell the status of the circulation domain of food safety in china. In this chapter, firstly review the supervision of food circulation legislation in our country.《Food safety law》 promulgated, make a leap of food supervision legislation. Secondly, it established a specialized regulatory, from composed of various departments of law enforcement, to define that the administrative department for Industry should be expertly in charge of the law enforcement of food safety and circulation. In this chapter, it discusses the current status of law enforcement. Finally, the food safety and circulation is still grim.The second chapter puts forward the existing problems on circulation of food regulation in our country, points out that the scope of regulation circulation domain is broad and food quantity enlargement is one of the regulatory problems. In this chapter, it also focuses on the problems that the operator fails to perform an inspection system and regular inspection system, each department can not effectively link across to manage,high regulatory costs, the weak way of relief, encounter interference of intercession and the problems of law enforcement is not standardized. These problems are difficulties and resistance in the supervision of food circulationThe third chapter discusses the specific reasons for the problems on circulation area of food supervision. There are many reasons for supervision of food circulation problems, this paper argues that the main right of discretion is not standard, the operator quality is not high, driven by interests, supervision law enforcement is not high and the low level of food insecurity. In this chapter, especially the influence of consumer rights is not enough and the lack of law enforcement supervision of food safety and circulation.The fourth chapter of this paper is about the solutions and suggestions for regulation circulation area, also the focus of this article. In this part, concentrates and puts forward some countermeasures for solving the food safety of China’s circulation problems. Aiming at the deficiency of existing laws, this paper puts forward the additional inspector terms in "food safety law" which will punish the way of "interceding". This is the author’s new idea. Perfect the supervision system from the law. In the practice of law enforcement, due to historical reasons of our country and specific national conditions, always meet the intercede in investigating and dealing with illegal behavior, this brings great pressure to the law enforcement work, as well as challenged the authority of law. Therefore, the author proposes to put a sanction on interceding. On the other hand, supervision system is backward, which is the reason why circulation area of food is out of good management, it needs to be clear, specific provisions in the law supervision. For the problem of improper use of discretion, abuse of discretion, this paper proposes the enforcement of the use of the proportion principle to solve the discretion in the law, it is also the new idea and the paper’s key content. At present, the difficulty of supervision of food circulation is difficult to control the risk of food. in fact, it is because the essence of the discretion of the grasp and use is not solved effectively. Discretion is the weapon of the generation efficiency and drawbacks, which is a "double-edged sword". In the supervision of the circulation area of food, should make full use of discretion conferred by law, in order to achieve the purpose of punishment of illegal behavior, at the same time, to prevent the abuse of discretion, which brings the negative influence to the supervision work. This must have a standard to guide and constraints, the principle of proportionality has unique effect in solving the discretion, the author thinks that, should vigorously promote the proportion principle in the application of supervision of food circulation. To solve the difficulties in the circulation field, this paper also proposed to increase supervision of law enforcement, establish report network, the establishment of an effective combination of judicial and administrative law enforcement personnel, protection of the rights and interests of law enforcement and supervision, reference method, effective and so on, which make the regulatory diversity.In a conclusion, the purpose of this paper is to make food security in our country better. From the food safety supervision within the circulation domain, through the implementation of measures and methods discussed in this paper, especially the implementation and application of the principle of proportion, to have a positive effect on the food safety supervision within circulation domain, so that food safety in China will raise onto a new level.