Study On The Legal System Of Food Safety Blacklist In China

"Sanlu milk powder" incident broke out in 2008 aroused the concern from all walks of life of the nation's warm,after the incident of sanlu group has experienced was declared bankrupt in accordance with the law to the criminal case sentencing process,the image of the dairy industry in China the bad effect caused by severe blow to the development of dairy industry in China.The food safety incidents make the public more clearly aware of the seriousness of the food safety problems in our country,the public lose faith in the food market and government regulation,consumer confidence in the food safety crisis.China's food safety field is illegal and illegal,and the food safety issue is sobering.Food safety is the quality of the products under the category of a concept,in the western developed countries,a more advanced product liability law,thus mainly by enterprises,industry associations,consumer rights and interests,such as product quality supervision of responsibility,but in the field of food,medicine and so on,is still strictly regulated by the government.Compared with the developed countries,our country's product liability law there are a lot of room for improvement,product quality supervision duty now and the future for a period of time are mainly borne by the relevant regulatory authorities,especially in food safety field,has experienced many departments supervision to the process of unified regulation,reflects our country for developing and perfecting the regulation of food safety.Our country is in transition period,how to make information more transparent and improve the public trust of the food market and government regulation,how to make the unscrupulous companies difficult to base on the market,is the need to solve the problem.Therefore,take appropriate regulatory means to effectively regulate enterprise's production and operation activities,constraints and incentive to reduce the moral risk of the enterprise,improve food consumer rights and interests safeguard,is a key project of food safety supervision.Information asymmetry is the main reason of consumers' trust crisis in food safety and also the root cause of the failure of food safety information market.Food safety information with public goods attribute,under the "economic man hypothesis",enterprise and individual is not the ideal food safety information to provide the main body,relying on the market itself it is not realistic to solve the problem of food safety,must be to undertake the task of supervision by the government.However,at present,China's food safety supervision is confronted with the dilemma of the heavy law enforcement load and the scarce law enforcement resources,and the traditional market supervision means lack of performance.Food safety blacklist has the characteristics of public regulation combined with private punishment,as a new regulatory tool,can according to the particularity of public products,food safety information effectively overcome the market failure caused by information asymmetry.Credit reduction,qualification reduction is food safety production operator assumes the blacklist,economic behavior and economic credibility responsibility,to punish the illegal behavior,the purpose of warning of potential violations.The blacklist will be subject to administrative penalty of food safety information about the production operators and the responsible of the public,a certain period of time to limit its market access qualifications,reduce its by commercial reputation,limited market access qualifications of punishment.Although food safety blacklist is widely used in practice,but blacklist increased to a food safety legal system still has many problems: inadequate legal basis,scope of application of fuzzy,publish content incomplete,implement the misconduct and the absence of the parties rights and remedies of the program.These problems result in the implementation of the legal system of food safety blacklist a chaotic situation.According to the case in practice,if improper use blacklist will damage the lawful rights and interests of the producers or marketers of food safety,and even damage the rights of other producers or operators or potential benefits related industries.So should the blacklist legal system of food safety law,procedural safeguards,rights relief three aspects under effective control,will list the food safety regulatory tools at law under the framework of norms.