Food is the basic condition for the healthy development of every citizen in the modern society, and it is also an important support for the security and stability of the country and society. In recent years, many problems such as social credit and moral conscience decline have emerged in the course of the development of the market economy. The authority of the rule of law has not been completely established, and it has created a special period of food safety crisis. According to statistics, there are tens of thousands of poisoned foods in China each year, and more than 100,000 food quality complaints. In particular, malignant incidents such as melamine milk powder, clenbuterol, and cooking oil made the public feel fear and mistrust, and caused public anxiety.
In the face of severe food safety chaos, how to strengthen the government's ability to enforce laws and create a "chain from the vegetable to the table" security chain has become an urgent task of public governance. We cannot expect that merchants oriented toward profit can become “sages,†and the refinement of the social division of labor also excludes the possibility of personal self-salvation. The real dependence of food safety on the barriers is mainly due to the enforcement of the supervision of government departments. Unfortunately, in the aftermath of food safety accidents, we have seen an anomie of moral integrity, and we have also seen the danger of law enforcement falling. To some extent, the negligence and negligence of law enforcement supervision made the public lack a sense of security. Therefore, whether it is based on the security claims of citizens or the legal responsibilities of the modern government, the reliable guarantee of food safety must first be established on the basis of strict law enforcement.
Judging from the law enforcement system, we must thoroughly correct the "Kowloon water control" regulatory pattern. The existing food safety law enforcement in China, with multi-headed supervision and segmented responsibility, is difficult to form a law enforcement synergy. According to the Food Safety Law, from the field to the table, five “big caps†of agriculture, quality inspection, industry and commerce, health, and food and drug supervision were deployed on the front line. It seems that law enforcement agencies are very sound, but due to the deep-seated interests of the department, the consequences It is often the case that everyone controls and everyone does not care. It is difficult to identify the responsibility if problems arise. To strengthen the effect of law enforcement, we must first change the pattern of water control and decentralization management in Kowloon, and form a unified management pattern for important food chains from beginning to end. On October 11, the General Office of the State Council issued a document to change the vertical administration from the vertical management to the local government at the municipal and county level. The purpose is to overcome and eliminate the phenomenon of mutualism that is highlighted by vertical management. . In the course of this systemic reform, local governments should focus on integrating law enforcement resources and establish a sound supervisory mechanism for information sharing, clear rights and responsibilities, and joint enforcement.
Judging from the law enforcement process, it must be ensured that the supervision department is always in the “on duty†status. At present, China's laws, regulations, and standards related to food safety are relatively complete. The problems are mainly in implementation, and specific monitoring responsibilities have not been put in place. Compared with the legislature's enactment of rules and the judiciary's disputes, the law enforcement of the government essentially requires that law-enforcement practitioners should always be in the front lines of the society. They must “look at what they want†to “look at and ask questions,†and check and control deviations against legal standards rather than sitting in the office. Send a notice or take a symbolic walk. From the production, processing, and sales of raw materials, foods are provided with corresponding law enforcement inspection departments. Only through interlocking inspections of these laws and regulations can food be kept safe. Any fallout will ultimately hurt consumption. By. Therefore, establishing and improving more rigid liability mechanisms and increasing the density of administrative enforcement is the key to resolving public security risks on the table.
Judging from the law enforcement responsibilities, the repairing function of criminal law should be used to focus on combating dereliction of duty. Criminal law has always been called "the shield of the law," and the effective implementation of other laws relies heavily on the ultimate guarantee of criminal law. In a broad sense, those responsible for law-enforcement positions, once dereliction of duty and negligence of statutory responsibility, objectively place citizens in a dangerously unprotected position, and their dereliction of duty is itself a "risk source." In the event of lean meat spermatozoa, some regulators formed alliances with unscrupulous companies and businessmen, scrutinized self-inflicted crimes, and caused food safety lines to fall. To this end, the Criminal Law Amendment (8) specifically lists guilty crimes of food control and provides for a more severe statutory punishment than abuse of power or dereliction of duty, thus providing a powerful force for punishing dereliction of duty in food safety enforcement. Legal basis. In judicial practice, it is necessary to establish a responsibility system for administrative law enforcement under the deterrence of criminal law through the severe investigation of relevant responsible persons. The criminal law will be used as the final legal guarantee for the entire food safety management system, and it will serve as a weapon to repair the administrative law enforcement system.
Fundamentally speaking, the long-lasting approach to food safety governance ultimately depends on the level of legalization of the market. There is no fundamental improvement in market order, there is no sound legal market environment, there is no good business integrity and professional ethics, the government's single governance will inevitably fall into the dilemma of fighting alone. Therefore, only when legislative legislation establishes a unified levee for food safety standards, law enforcement establishes a strict and regular mechanism, and the judicial system forms a powerful force for legal accountability. Social supervision forces food safety information to be transparent, and eventually it can form a field from the field to the table. The safety chain creates a healthy food safety barrier for the public.
In the face of severe food safety chaos, how to strengthen the government's ability to enforce laws and create a "chain from the vegetable to the table" security chain has become an urgent task of public governance. We cannot expect that merchants oriented toward profit can become “sages,†and the refinement of the social division of labor also excludes the possibility of personal self-salvation. The real dependence of food safety on the barriers is mainly due to the enforcement of the supervision of government departments. Unfortunately, in the aftermath of food safety accidents, we have seen an anomie of moral integrity, and we have also seen the danger of law enforcement falling. To some extent, the negligence and negligence of law enforcement supervision made the public lack a sense of security. Therefore, whether it is based on the security claims of citizens or the legal responsibilities of the modern government, the reliable guarantee of food safety must first be established on the basis of strict law enforcement.
Judging from the law enforcement system, we must thoroughly correct the "Kowloon water control" regulatory pattern. The existing food safety law enforcement in China, with multi-headed supervision and segmented responsibility, is difficult to form a law enforcement synergy. According to the Food Safety Law, from the field to the table, five “big caps†of agriculture, quality inspection, industry and commerce, health, and food and drug supervision were deployed on the front line. It seems that law enforcement agencies are very sound, but due to the deep-seated interests of the department, the consequences It is often the case that everyone controls and everyone does not care. It is difficult to identify the responsibility if problems arise. To strengthen the effect of law enforcement, we must first change the pattern of water control and decentralization management in Kowloon, and form a unified management pattern for important food chains from beginning to end. On October 11, the General Office of the State Council issued a document to change the vertical administration from the vertical management to the local government at the municipal and county level. The purpose is to overcome and eliminate the phenomenon of mutualism that is highlighted by vertical management. . In the course of this systemic reform, local governments should focus on integrating law enforcement resources and establish a sound supervisory mechanism for information sharing, clear rights and responsibilities, and joint enforcement.
Judging from the law enforcement process, it must be ensured that the supervision department is always in the “on duty†status. At present, China's laws, regulations, and standards related to food safety are relatively complete. The problems are mainly in implementation, and specific monitoring responsibilities have not been put in place. Compared with the legislature's enactment of rules and the judiciary's disputes, the law enforcement of the government essentially requires that law-enforcement practitioners should always be in the front lines of the society. They must “look at what they want†to “look at and ask questions,†and check and control deviations against legal standards rather than sitting in the office. Send a notice or take a symbolic walk. From the production, processing, and sales of raw materials, foods are provided with corresponding law enforcement inspection departments. Only through interlocking inspections of these laws and regulations can food be kept safe. Any fallout will ultimately hurt consumption. By. Therefore, establishing and improving more rigid liability mechanisms and increasing the density of administrative enforcement is the key to resolving public security risks on the table.
Judging from the law enforcement responsibilities, the repairing function of criminal law should be used to focus on combating dereliction of duty. Criminal law has always been called "the shield of the law," and the effective implementation of other laws relies heavily on the ultimate guarantee of criminal law. In a broad sense, those responsible for law-enforcement positions, once dereliction of duty and negligence of statutory responsibility, objectively place citizens in a dangerously unprotected position, and their dereliction of duty is itself a "risk source." In the event of lean meat spermatozoa, some regulators formed alliances with unscrupulous companies and businessmen, scrutinized self-inflicted crimes, and caused food safety lines to fall. To this end, the Criminal Law Amendment (8) specifically lists guilty crimes of food control and provides for a more severe statutory punishment than abuse of power or dereliction of duty, thus providing a powerful force for punishing dereliction of duty in food safety enforcement. Legal basis. In judicial practice, it is necessary to establish a responsibility system for administrative law enforcement under the deterrence of criminal law through the severe investigation of relevant responsible persons. The criminal law will be used as the final legal guarantee for the entire food safety management system, and it will serve as a weapon to repair the administrative law enforcement system.
Fundamentally speaking, the long-lasting approach to food safety governance ultimately depends on the level of legalization of the market. There is no fundamental improvement in market order, there is no sound legal market environment, there is no good business integrity and professional ethics, the government's single governance will inevitably fall into the dilemma of fighting alone. Therefore, only when legislative legislation establishes a unified levee for food safety standards, law enforcement establishes a strict and regular mechanism, and the judicial system forms a powerful force for legal accountability. Social supervision forces food safety information to be transparent, and eventually it can form a field from the field to the table. The safety chain creates a healthy food safety barrier for the public.
Guangdong Jia Mei Biological Technology Co.Ltd , https://www.jaymeimask.com