Abstract
On the issue of food safety regulation, the government will undoubtedly play a central role, which is also the requirement of the administrative law for the government. Principle of administrative law is one of the basic principles of substantive administrative law, which requires government activities within the bounds of the law, acting by law; if government and government workers violates the law or even beyond the legal activity, they will bear legal responsibility. Essence of the rule of law is that the people are higher than the Government, and the government subject to the people. It is said that many of China's food safety problems in recent years, are in some extent due to the government's poor regulations. If the government wants to effectively monitor and control food safety issues, we must first be clear what kind of food safety problems they are facing. Traditional food safety issues are represented by food borne diseases; we focused on food hygiene supervision, and took subsequent punishment as the main means. While modern food safety issues represented by food borne focusing on food risk supervision, and subsequent punishment as the main means China's food safety incidents occur frequently and endanger the health and safety of the people, impact the social and economic order. Emphasis on food safety has become a measure of the quality of people's lives, a social management level and an important aspect of the national legal system. When we see the same problems of global food security, we should be clearly aware of the shortcomings and problems of food safety legislation and enforcement, and we should attach great importance to the relevant government departments at all levels. Therefore, strengthening and improving the legal system of food safety is particularly important and urgent. After the Sanlu milk powder incident, our country, on the basis of Food Sanitation Law, did further amendment, supplement and perfected the relevant food safety laws, rules and regulations, and in 2009 we introduced the Food Safety Law. The law makes up for defects, but still needs further improvements. After years of exploration, the United States established a set of comprehensive legal system, covering all aspects of food safety. In theory, there are many aspects worthy of studying and discussing for us. This paper examines the requirements of the U.S. food safety system by the method of comparative legal studies, combined with the introduction of our new Food Safety Law, based on the country's legislation, law enforcement and the current actual situation of economic development, putting forward recommendations on the legal system construction. We hope to provide some useful exploration for future legislation and practices in China according to the research. We should gradually establish a Food Safety Law as a leader, other food safety laws and regulations as the auxiliary of many layers of space frame of food safety legal system. At the same time, we should do serious clean-up complement and perfect on the existing laws and regulations on food safety regulations, standards, contents integration on scattered laws and regulations related to the content of the food, reducing and avoiding the conflict in the legislation and enforcement as much as possible to solve the confusion of legal system, and keep the identity of the law. With comprehensive food safety laws and regulations, we ensure that the people can eat health, safety relief food.
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