The Predicament And Outlet Of The Private Standard Regulation Of Food Safety In China

In recent years,due to the frequent occurrence of food safety problems in China,the standing committee of the National People's Congress promulgated the food safety law in 2015,which is called "the strictest in history".This law has a special chapter on food safety standards,emphasizing the enforcement power of the government to formulate standards.However,private standard regulation has its outstanding advantages.In the case of government failure and market failure,exclusive regulation mode can maximize the reduction of food safety risk.The introduction of private standard regulation in the field of food safety is a good opportunity in China.Private regulation is the earliest and most important regulation of private regulation.Therefore,the paper firstly studies the private regulation,and the concept and characteristics of private standard regulation.Private regulation refers to the private subject in order to achieve a certain private interests and set in a certain industry for internal members accepted rules,form their own constraints,the internal mechanism of punishment,and this kind of regulation to make up for government regulation to reach the social effect,so as to reduce the burden of government regulation to a certain extent,realize social public welfare.And private standard regulation,is a private subject(including enterprises,industry associations or other Non-Governmental Organizations)by making industry,the safety of the product or service,quality standards,to attain the goal of safety and quality in the process of regulation.Secondly,the regulation system of China's food safety and private standards regulation system,which mainly includes two private standards bodies,namely,enterprises and industry associations.Then it analyzes the status quo of legislation in our country.Finally,through the principle of complementary principle,cooperation principle and efficiency,it provides theoretical basis for the regulation of China's food safety private standard.Compared with government regulation,there are incomparable advantages in the regulation of private food safety standards,but there are many deficiencies.In order to introduce it into China's administrative law,there are still many difficulties.First of all,the "binary structure" of traditional administrative law cannot provide sufficient theoretical supply for the "three-element relationship" formed between the government--the counterpart and the private regulatory body.Secondly,China's private standard system faces the embarrassment caused by the government from topto bottom,and the government has too much interference,so there are many difficulties.Thirdly,the status,nature and functions of private standard regulation are not defined in China's legislation,which makes its legal status unclear.Finally,the private standard is not independent,and the internal autonomy is worrying,the external credibility is insufficient,and there is the risk of failure of regulation.Legitimacy is the basis and premise of rationality.The legitimacy of private standard regulation cannot be guaranteed,because China's traditional administrative law does not provide legal framework system for private standard regulation.Therefore,to promote the implementation of private standard regulation in our country,we must show the way for it.Firstly,the dual structure of traditional administrative law of China is adjusted to provide legal framework and sufficient knowledge supply for the introduction of the three-element structure of private standard regulation.Secondly,the government should relax the regulation of the private standard regulation organization,so as to achieve the true independence and autonomy of the private standard organization.Thirdly,explain the provisions of relevant laws and regulations in our country,and provide legal theoretical support for them;Or modify the current legal system in our country to clarify the subject status of private standard regulation.Finally,take measures to strengthen the private standard regulation organization self-discipline,introducing the theory on administrative law,but to the self regulation of the regulation,in order to guide and supervise their autonomy within the limits of legitimate and reasonable implementation.