Research On Legal Regulation Of China’s Food Safety Supervision Inaction

From a realistic perspective.although the state has repeatedly stressed the importance of food safety supervision in accordance with the principle of administration in accordance with the law,it still happens from time to time that citizens’ rights are damaged due to their failure to perform their duties.In a market economy,food producers and traders gradually form powerful enterprises through market competition,while food consumers are still decentralized individuals at a disadvantage.There are conflicts of interest and power imbalance between the two.Some profit-seeking food producers and traders will take measures to harm the rights and interests of consumers and endanger food safety.Weak consumers often give up their legitimate interests if regulators do not step in.In other words,food safety regulatory inaction will increase the power imbalance between food processors and consumers.disrupting the market order.In order to build a good socialist market economic order and effectively protect the rights and interests of consumers.the regulatory authorities must actively act.Current for legal regulation of food safety regulatory inaction.there are a lot of aspects need to be improved,how to improve the existing legal regulation,get rid of the existing problems in the operation of the mode of regulation in the practice,in order to better to reduce food safety regulatory inaction.is needed to get attaches great importance to and earnestly solve the problem.This paper mainly adopts literature research method and comparative analysis method.Through reading and analyzing the related literatures and works at home and abroad,the main viewpoints of this paper are constructed.Putting forward my own points on refining the legislative provisions related to legal responsibility and improving the supervision mechanism.The deficiency of this paper lies in the limited language ability and the failure to read more foreign literature to understand relevant information.This paper is divided into six parts.The first pa rt is the introduction.This paper mainly introduces the research background and significance,research status at home and abroad,research methods,innovations and framework of this paper.The second part,food safety supervision as an overview.This paper discusses the connotation,constitutive elements.manifestation.illegality and harmfulness of food safety supervision omission in detail.The third part is the case study and status quo of food safety regulation in China.In this part,three food safety incidents,such as poisonous candied fruit,waste oil and dead pork,were introduced,and the food safety supervision was analyzed.The present situation is introduced from three aspects:the legislation related to food safety supervision,the supervision mechanism of food safety supervision omission and the legal responsibility of food safety supervisors.Among them.the supervision mechanism mainly analyzes the regulatory status of five supervision subjects,including food safety supervision departments.power organs and judicial organs.The fourth part is the deficiency of food safety regulation in China.Through the analysis of legislation,supervision mechanism,legal responsibility of food safety supervisors and other aspects,this paper puts forward the main problems existing in the current food safety supervision as legal regulation in China,such as the lack of operability in the legislative provisions of administrative sanctions,the lack of legal accountability.The fifth part is the experience of legal regulation of food safety supervision omission in foreign countries.By analyzing the current situation of food safety supervision in the United States.Japan and the European Union.this paper concludes the experience of food safety supervision omission as legal regulation that can be used for reference in China.The sixth part is the reflection on perfecting the legal regulation of food safety supervision omission in China.This paper puts forward some Suggestions on how to improve food safety regulation in China.First.we should improve the legislation related to food safety supervision in China.Second,we will improve the oversight mechanism for food safety oversight inaction.Finally.the implementation of the legal responsibility of food safety regulators.