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Study On Legal Regulation Of Food Safety Credit File For Food Producers And Sellers

Posted on:2019-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:X J LiuFull Text:PDF
GTID:2416330566979126Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,the frequent occurrence of food safety accidents has aroused the attention of public opinion,and also highlighted “the contradiction between unbalanced and inadequate development and the people's ever-growing needs for a better life” in the food field.With the intensification of social contradictions,if the occurrence of major production safety accidents and food and drug safety incidents cannot effectively be curbed,the continuous and bad food safety environment will hinder the development of food production and operation enterprises,destroy the market order,and crack down on consumer confidence and market vitality.Food safety concerns the national economy and people's livelihood,so it is urgent to strengthen supervision.The regulation of food safety reflects the confrontation among the government,interest groups and the public.Whether or how to regulate is depend on the result of game of all parties.Food safety supervision is an important issue affecting national life safety and physical health,which is related to the governance and credibility of government and social stability.However,the government unilateral controls are difficult to deal with the huge food market,only the common stakeholders working together is the long term.Based on the special public-goods nature of food and the responsibility of the government under the responsible government theory,the most feasible approach is information regulation,which need to reduce the information asymmetry,and create a good food market environment through the configuration of information resources,in order to overcome market failure,implement appropriate government intervention and actively guide.Among them,food safety credit information of food producers or marketers can be called a media of "connecting production and marketing,communicating supply and demand".To improve food safety archives legal regulation of food producers or marketers is not only the requirement of government's food safety regulatory model transformation and the social credit system construction,the requirement of food producers' and marketers' rights,interests and obligations,as well as the requirement of the protection of consumer interests.According to the 2015 "food safety law" the 113 th regulation,"the food and drug supervision and administration department of the people's government at or above the county level shall establish food safety credit files of food producers or marketers,record licenses promulgation,daily supervision and inspection results,illegal behavior investigation and so on,publish to the society and updated in real time;For food producers or marketers with poor credit records,the supervision and inspection frequency should be increased,and for those who have serious illegal behaviors,the competent department of investment,securities supervision and administration department and the relevant financial institutions should be notified." However,there are many problems for government to establish food safety credit files,such as it is hard to build food credit files and the utilization rate of the files is low,the law provisions on food safety credit files are too abstract,different articles of law lack systematicness,even have contradictions,especially for food safety credit files establishing of food producers or marketers,the information source,record contents,compensation liability provisions are imperfect.In the immature stage of preliminary document,the participation of consumers,producers,marketers and other market main body is low,also in the process of government supervision,there are serious problems,such as responsibility unknown,loss of benefits,local protectionism and so on.The party's 19 major report points out that it is necessary to promote the credit construction and voluntary service institutionalization,strengthen the awareness of social responsibility,rule awareness and dedication.In order to promote the credit construction,it is need to take various measures to promote the social credit system construction continuously,among them,accelerating credit legislation,perfecting the credit law system as the basis of the social credit system construction project,has mighty and deep significance.The improvement of food safety credit files for the food producers or marketers needs social work and legal regulation to accelerate the perfection,in order to implement convenient food credit files disclosure and efficient information sharing,it is essential to adhere to government leadership and social work,apanage management and information sharing,the static accuracy and dynamic update information,the combination of convenience and information security.We need to perfect the legislation from the aspects of expanding information source,clearing the scope of files,unifying the rating standard,use stratified sharing platform,the existing data,the current related system to improve the system of food safety credit files,and utilize detailed credit rewards and punishment regulations,update and eliminate information in time,track those responsible personal information,and transfer regulation center to promote the practice of the food safety credit files,also we need to further clear the government responsibility,and strengthen the regulatory to perfect the legal regulation of food safety credit files.
Keywords/Search Tags:Food safety, Food producers or marketers, Food safety credit files
PDF Full Text Request
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