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Study on the Legal Regulation of the Food Quality and Safety

Author: XuWenHua
Tutor: ChenNianBing
School: South China University of Technology
Course: Legal
Keywords: food safety Food Safety Law Legal regulation of the food quality and safety
CLC: F203
Type: Master's thesis
Year: 2011
Downloads: 305
Quote: 1
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Abstract

We have always said that“Hunger breeds discontent,to food security for the first”,however,inrecentyears,withe conomic development,China has enter edupona period which the food safety in cidens frequently happened. The issue of food safety is becoming the focus ofattention.In1995,China introduced the“Food Sanitation Law”, as various problem sarising in the course of operation,its non-adaptive has grad uallyemerged.Under the background of the“Sanlu milk powder”incident and the public particular concern about it, the emergence of new legal system will be in evitability. The law always with the times,and the enacted of "Food Safety Law"is against the current most acute contradictions, it provides a new visual angle to the solution of food safety issues which now is attracting lots of attentions. But in relation to the universality and complexity food safety issues, the only paper law’s for ceisnotenough.In contrast,Britain and the United States and other countries adregions in Europe and America, they in deed have its own set of relatively complete legal supervision system to the food safety incidents.Although the sources of law and there gionsare differences,their purpose is consistent which is to protect the safety of citizens.In the first chapter of this paper,starting from lookin gat the his tory of the legal regulation of China’sfood safety system,as well asitnon-adaptiveemerge dunder the current background of economicgloalization.To deal with new problems,the government has been positively to intervene in the foods afetarket system by means of some measures like“the Exemption System”,etc.After years of practice, the drawbacks of the system become more obvious, so“Food Safety Law”,as the lead sector of the new food safety legal regulation system, its introduced has the necessity of times.In the second and the third chapter, we analysis“the Food SafetyLaw”which just entry into force not long before, consider that the new law in the system building owhole course monitoring system, risk assessment monitoring system, food safety standards and there call system,etc.Which have obvious progress over the previous system. And then we analy sisde ficiencies and defects of the law.And next in the fourth chapter, we will analyze the successful experience of the two food safety legal regulation from the perspective of comparative law.Britain and the United States in the Anglo-American law system, and the Germany and Japanin the civil law system,their food safety regulation system in an earlystart,has been relatively perfect,we can borrow some ideas from the analyze of their system construct process for the construction of the China’sfood safety legal system.Moreover,the concept of people-oriented reflected behind the two different regulation system,as the central thrust, it is more worth learning.After comparing the legislative experience of developed countries of the twol egal system,and combining with the actual situationo four country,we put forward some proposals to solve the existinadequacies in the new law,as the reexistgaps in the monitoring of agricultural products fostering process, request a exceptionally high social responsibility on corporate, etc..

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