Liability Assigning Mechanism Of The Government In Food Safety Field

In recent years, the goverrnment pay more attetion to collect and publishinformation of food-safety as more accidents accure.In “Food Safety Law”Article82,government has authority to release food-safety risk warning information.However,the law has no futher issues about procedures,responsibilities and pueview.HaikouIndustry and Commerce Bureau ever released a wrong food-safety warning,whichsaid Nongfu Spring drink ‘s "Arsenic " element was exceeded.This wrong warningcaused serious losses to the entertainment. Then the problem began to attract broadattention. If the government releases a wrong warning and cause loss to legal subject,people lack a systematic accountability mechanisms to the government in the presentsystem.Both theory and practice are in dispute on whether the act should be includedin the range of administrative litigation. Existing cases show that there are two waysto start liability assigning mechanism. One is specific infringement subject instituterelated administrative proceedings, the other is in case of the authorities face socialimpact of public opinion,the government will start an internal administrativeaccountability. However, if there are no specific infringers, the duty of governmentwill be ignored. That’s the studying point in the thesis. This paper is divided into three parts. The first chapter is an overview about thegovernment responsibility of releasing wrong food-safety information. In thischapter, the author analyses the causation through some cases and analyses existinglaws and regulations related, including "Food Safety Law "," Measures for foodsafety information published management " and " Regulation of the People’s Republicof China on the Disclosure of Government Information ".The second chapter is the composing of government liability of releasing thewrong food security warning. This part is the focus of the thesis,which contain fourparts. The government’s act is illegal, the government has faut, subject who burdenthe responsibility and damages with the causality. Illegality of administrative acts is aprerequisite accountability discourse.Fault contains intension and negligence. Subjectof legal responsibility has four types. The most difficult point is identifying specificfacts and damage causation especially in the case of consumer factors involved.The third chapter has two parts. First, in therory, which subject burden theresponsibility. Second, in practice，how the government and related departments bearthis responsibility.The act of government releasing food safety warning involve three relationship:government, the public and the related enterprises. Government has obligation toprotect people when occur food unsecurity incident. But at the same time, governmentshould protect the legal rights of enterprises. So it is necessory to build an effectivegovernment accountability mechanisms system in favor of balanced rights andobligations of each body.