Legislative Improvement Of Food Safety Untrustworthy Punishment System

The food safety disciplinary system for breach of trust came into being against the backdrop of the repeated difficulties in food safety governance and the State’s vigorous promotion of the social credit system.As a new type of tool for food safety governance,it has the advantages of economy and precision that traditional administrative regulatory instruments do not have,and can to a certain extent facilitate the closure of the food safety regulatory chain,and therefore in current food safety governance practice,the Food safety regulators often use disciplinary action for breach of trust as a regular governance tool to address the problem of disorder in the food market.The system is based on the collection of credit information,the assessment of credit ratings and the imposition of disciplinary measures for breach of trust.At the same time,the operation of the disciplinary system for food safety failures is guided by national policy and has a strong practical orientation,carrying with it the function of addressing credit deficiencies in the food safety field.This article is based on empirical research and uses the categories of institutional legitimacy and practical effectiveness as entry points for thinking.At the same time,the procedure for collecting food safety credit information is incompatible with the provisions of the Civil Code and the Personal Information Protection Act on the protection of personal information,and faces challenges of legality.In terms of practical effectiveness,the In addition,there are no channels of redress beforehand and no means of redress afterwards,which makes it difficult to prevent and redress the risk of infringement of the basic rights and interests of creditors.In view of this,it is necessary to explore the path of improving the disciplinary system for food safety failures from two perspectives:the legitimacy of the system and its effectiveness in practice.In terms of legitimacy,the commonalities of food safety disciplinary systems that have been tried and tested around the world should be distilled in a timely manner,and a blanket,graded legislative model should be adopted,following the normative path of the rule of law to elevate them to a higher level of legal regulation,in order to strengthen the normative support of food safety disciplinary systems for breach of trust.In terms of effectiveness in practice,the definition of a serious breach of trust in food safety should be based on "conduct" and be supplemented by "results",so as to enhance the specificity and clarity of the definition criteria,and to improve the practical definition of a serious breach of trust in food safety.At the same time,the legal attributes of the inclusion and publication of the list of serious breaches of trust are clarified,and an effective redress mechanism is constructed to provide a solid legal defence for creditors to safeguard their legitimate rights and interests.