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The Research on Legal Regulation of the Quality and Safety of Agricultural Products

Author: LiPeng
Tutor: HuangJinCai
School: Henan Normal
Course: Economic Law
Keywords: Quality and safety of agricultural products Legal regulation Technical support
CLC: D923.8
Type: Master's thesis
Year: 2012
Downloads: 212
Quote: 0
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Abstract


As the foundation of the Three Major Industries of China,agriculture is the lifeline of our nationaleconomy. The quality and safety of agricultural products are related to the health and safety of nationalpeople. Especially with the rapid development of economic globalization, the quality and safety ofagricultural products not only play important roles in the development of national economy in worldwideeconomy, but also affect social stability and development. In recent years, the problems frequently occur,such as “Duck’s red egg”,“poisonous rice”,“Sanlu milk powder”,“poisonous beans”,“CL”, which causeconsumers and government’s great attention to the quality and safety issues of agricultural products. It hasbecome a hot topic in the academic field in recent years about how to use legal system to control thesebehaviors that affect the quality and safety of agricultural products.According to the current situation of legal regulation of our country, although some achievements havebeen made, a lot of problems remain to be solved. Firstly, the legal system on agricultural products’security is poor in coordination, operability, inadequate punishment and unreasonable liability, which isactually causing fundamental problems in legal regulation on the agricultural products’ security; secondly,the legal regulation on agricultural products’ quality and safety requires technical support, but thesetechnical systems, such as that on agricultural products’ quality and safety standards, on certification, andon examination are still not perfect and some are even not established yet; finally, judging from thesituation of law enforcement on agricultural products’ quality and safety, there is lack of coordinationamong the enforcement bodies,corresponding software and hardware conditions, which will definitelyaffect the actual results of those legal regulations.Based on chinese situation, and relevant experiences of developed countries such as USA, EU and Japan,this article puts forward three solutions to improve our legal regulation system on agricultural products’quality and safety, covering how to improve legislative basis and technical support system, and how toperfect law enforcement operation mechanism. In the part of improving legal regulations, it’s important tostrengthen coordination and operability of these regulations, especially these regulations must put thoseacts that endanger the quality and safety of agricultural products into the orbit of the criminal regulation sothat these regulations can threaten the criminals, and it’s also important to clarify their civil liability regime. In improving technical support system, safety standards on agricultural products’ quality, certificationsystem, and examination system need to be given first, and the information system of public should beestablished. In the part of law enforcement,we should establish effective law enforcement operationmechanism, make subject of law enforcement clear, improve the enforcement of law, and strengthen theestablishment of accountability mechanism.

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