On October 19th, frozen food "Shen Nian" brand dumplings were found to contain harmful bacteria that cause damage to human health. This is another food safety incident following the dyeing of steamed buns, waste oil, and drowning oil. It once again touched the nerves of the public.
“Current food safety management issues are faced with the problems of lack of corporate integrity and excessive supervision costs of government departments. As a people’s livelihood, food safety is necessary to innovate management methods to form a joint social management.†Expert in Food and Drug Supervision, Nankai University Associate Professor Song Hualin of Law School said.
Food safety is the foundation of social management. “Food safety involves millions of households, and it is the people's livelihood problem that is most closely related to people’s lives and the people are most concerned about.†Qiao Xinsheng, director of the Social Development Research Center of Zhongnan University of Economics and Law, interviewed the reporter from Legal Daily. Shi said, "So, food safety management is an important part of the social management system, and it is in a fundamental position in strengthening and innovating the social management system architecture."
For a long time, China has attached great importance to food safety as a livelihood issue. As early as in 1995, the "Food Hygiene Law of the People's Republic of China" was promulgated. On this basis, on February 28, 2009, the Seventh Session of the Standing Committee of the 11th National People's Congress passed the Food Safety Law of the People's Republic of China and established a scientific management system based on food safety risk monitoring and assessment. To clarify the results of food safety risk assessment as a scientific basis for formulating and revising food safety standards and implementing supervision and management of food safety.
“The Food Safety Law is actually a law that is more complete and reflects advanced regulatory concepts and risk control concepts,†said Song Hualin.
In addition to enacting laws to protect food safety, China also made major adjustments in the establishment of food safety regulatory agencies.
In early 2010, in accordance with the "People's Republic of China Food Safety Law," the State Council established the State Council Food Safety Committee, whose main responsibilities are: to analyze the food safety situation, research and deployment, and overall guidance on food safety; proposed major policies for food safety supervision Measures; supervise the implementation of food safety supervision responsibility.
Food safety supervision mechanism needs to be adjusted Despite China's food safety and security system has begun to take shape, in recent years has been constantly increasing efforts to combat food safety hazards, but food safety incidents still occur.
“The fundamental reason why food safety incidents occur from time to time is that individual localities and individual departments do not recognize the importance of food safety supervision in social management.†Joe Xinsheng believes that this fundamental cause is specifically embodied in two aspects:
"On the one hand, the supporting laws and regulations of our country's current laws are not perfect. Regardless of whether there are oil spill incidents or other food safety incidents, there are problems with the old or industrial standards. After the introduction of the Food Safety Law, if there is no supporting regulations or Implementation rules and national standards, the law itself is not operable." Another reason is that the separation and multi-headed management mechanism makes food safety regulations difficult to implement. Technical supervision and management departments, food hygiene Administrative departments, health administrative departments, and administrative departments for industry and commerce have their own responsibilities, resulting in concerns that food safety has become a public event.
“Because food safety involves many aspects such as food production, processing, storage, transportation, circulation, and consumption, it is difficult for any regulatory department to independently assume the major responsibility for safety supervision. Under the circumstance that 'one department cannot manage', the current food safety supervision The system has been forced to choose the concept of multi-segment sub-segmentation supervision.†Liu Junhai, professor of Law School of Renmin University of China, said: “The sub-supervision system helps supervise relevant departments to perform their duties and avoid the phenomenon that 'one department cannot manage'. However, there have also been drawbacks in that 'many departments do not manage well': there are overlapping supervisions and regulatory blind spots between the supervisory departments. There seems to be agriculture, food production and operation links from 'Tiantou' to 'table'. Quality supervision, industry and commerce, health and other departments are 'heavy guards', but toxic and hazardous foods still appear on the market from time to time."
Liu Junhai analyzed that in order to completely break the vicious circle of “no department can't control or multiple departments do not manage wellâ€, the Food Safety Law must establish information sharing, fast and efficient, while adhering to and perfecting the multi-dragon water control and sub-supervision system. Fully seamless food safety supervision system. In order to fully tap the regulatory resources of the relevant regulatory authorities and to achieve division of responsibilities and clear responsibilities among the various regulatory authorities, the food safety law does not need to clarify the statutory duties of the various regulatory authorities.
"However, due to the lack of effective integration of administrative resources, the provisions of the Food Safety Law have not been implemented," said Qiao Xinsheng.
In addition, Liu Junhai also believes that the low cost of violations leads to the inability of companies to self-discipline, while the cost of consumer rights protection is too high; in addition, industry associations are preoccupied with interests and can not strictly set standards, and is also one of the reasons for the current weak food safety supervision. .
Effectively integrate administrative resources for food supervision. Then, how to improve the food security system and do a good job in the basic social work of the people's livelihood?
Qiao Xinsheng believes that the key to perfecting the food safety protection system is still to break the management mechanism of dividing the market, give full play to the functional role of the food safety committee, effectively integrate administrative resources, and form a seamless management chain.
“Ensuring food safety is a basic task of social management. Therefore, from the perspective of strengthening and innovating social management, the society also needs a comprehensive food safety governance system.†Song Hualin said, “Food safety issues are a In order to solve this problem, we must solve the problem by not relying solely on the government departments. Originally, we emphasized the supervision of food safety. Now we should use food safety 'governance' to guide this work, that is, only the government, associations, and enterprises. The joint efforts of all parties, experts, and the public will work together to make food safety a priority."
Liu Junhai also believes that perfecting the food safety supervision system will increase the cost of illegal activities for food companies, and at the same time, education companies take the initiative to assume responsibility for food safety for consumers, because this is also an important aspect of corporate competition; It is necessary to emphasize the responsibilities of the people's governments at all levels in coordinating and coordinating the organization of food control. Governments at all levels must plan food safety strategies in an integrated manner. Recently, the General Office of the State Council issued a document clearly stipulating that the administrative guidance responsibilities of the industrial and commercial administrative departments and quality supervision agencies at or below the provincial level shall be delegated from the provincial AIC and the Quality Supervision Bureau to the local people’s governments where these departments are located, so that local people The government has sufficient resources to form a management synergy. In addition, we must resolutely hold the law accountable. Individuals and departments that have committed malpractices in food control should be investigated for their administrative and criminal responsibilities in accordance with the law. From the perspective of consumers, it is necessary to increase education for consumers and consumers. Form the modern consumption concept of rational consumption, scientific consumption, safe consumption and green consumption, and avoid impulsive consumption. At the same time, it is necessary to provide consumers with timely care and assistance, not to allow consumers' rights and interests to be infringed upon and then receive secondary harm, and to provide a green channel for their rights protection activities.
"Establish a scientific concept of food safety supervision, put the food safety supervision system in place, and form a food safety culture that has a universal influence on the entire society. If these three points are achieved, the food safety supervision situation can be expected to improve fundamentally," said Liu Junhai.
“Current food safety management issues are faced with the problems of lack of corporate integrity and excessive supervision costs of government departments. As a people’s livelihood, food safety is necessary to innovate management methods to form a joint social management.†Expert in Food and Drug Supervision, Nankai University Associate Professor Song Hualin of Law School said.
Food safety is the foundation of social management. “Food safety involves millions of households, and it is the people's livelihood problem that is most closely related to people’s lives and the people are most concerned about.†Qiao Xinsheng, director of the Social Development Research Center of Zhongnan University of Economics and Law, interviewed the reporter from Legal Daily. Shi said, "So, food safety management is an important part of the social management system, and it is in a fundamental position in strengthening and innovating the social management system architecture."
For a long time, China has attached great importance to food safety as a livelihood issue. As early as in 1995, the "Food Hygiene Law of the People's Republic of China" was promulgated. On this basis, on February 28, 2009, the Seventh Session of the Standing Committee of the 11th National People's Congress passed the Food Safety Law of the People's Republic of China and established a scientific management system based on food safety risk monitoring and assessment. To clarify the results of food safety risk assessment as a scientific basis for formulating and revising food safety standards and implementing supervision and management of food safety.
“The Food Safety Law is actually a law that is more complete and reflects advanced regulatory concepts and risk control concepts,†said Song Hualin.
In addition to enacting laws to protect food safety, China also made major adjustments in the establishment of food safety regulatory agencies.
In early 2010, in accordance with the "People's Republic of China Food Safety Law," the State Council established the State Council Food Safety Committee, whose main responsibilities are: to analyze the food safety situation, research and deployment, and overall guidance on food safety; proposed major policies for food safety supervision Measures; supervise the implementation of food safety supervision responsibility.
Food safety supervision mechanism needs to be adjusted Despite China's food safety and security system has begun to take shape, in recent years has been constantly increasing efforts to combat food safety hazards, but food safety incidents still occur.
“The fundamental reason why food safety incidents occur from time to time is that individual localities and individual departments do not recognize the importance of food safety supervision in social management.†Joe Xinsheng believes that this fundamental cause is specifically embodied in two aspects:
"On the one hand, the supporting laws and regulations of our country's current laws are not perfect. Regardless of whether there are oil spill incidents or other food safety incidents, there are problems with the old or industrial standards. After the introduction of the Food Safety Law, if there is no supporting regulations or Implementation rules and national standards, the law itself is not operable." Another reason is that the separation and multi-headed management mechanism makes food safety regulations difficult to implement. Technical supervision and management departments, food hygiene Administrative departments, health administrative departments, and administrative departments for industry and commerce have their own responsibilities, resulting in concerns that food safety has become a public event.
“Because food safety involves many aspects such as food production, processing, storage, transportation, circulation, and consumption, it is difficult for any regulatory department to independently assume the major responsibility for safety supervision. Under the circumstance that 'one department cannot manage', the current food safety supervision The system has been forced to choose the concept of multi-segment sub-segmentation supervision.†Liu Junhai, professor of Law School of Renmin University of China, said: “The sub-supervision system helps supervise relevant departments to perform their duties and avoid the phenomenon that 'one department cannot manage'. However, there have also been drawbacks in that 'many departments do not manage well': there are overlapping supervisions and regulatory blind spots between the supervisory departments. There seems to be agriculture, food production and operation links from 'Tiantou' to 'table'. Quality supervision, industry and commerce, health and other departments are 'heavy guards', but toxic and hazardous foods still appear on the market from time to time."
Liu Junhai analyzed that in order to completely break the vicious circle of “no department can't control or multiple departments do not manage wellâ€, the Food Safety Law must establish information sharing, fast and efficient, while adhering to and perfecting the multi-dragon water control and sub-supervision system. Fully seamless food safety supervision system. In order to fully tap the regulatory resources of the relevant regulatory authorities and to achieve division of responsibilities and clear responsibilities among the various regulatory authorities, the food safety law does not need to clarify the statutory duties of the various regulatory authorities.
"However, due to the lack of effective integration of administrative resources, the provisions of the Food Safety Law have not been implemented," said Qiao Xinsheng.
In addition, Liu Junhai also believes that the low cost of violations leads to the inability of companies to self-discipline, while the cost of consumer rights protection is too high; in addition, industry associations are preoccupied with interests and can not strictly set standards, and is also one of the reasons for the current weak food safety supervision. .
Effectively integrate administrative resources for food supervision. Then, how to improve the food security system and do a good job in the basic social work of the people's livelihood?
Qiao Xinsheng believes that the key to perfecting the food safety protection system is still to break the management mechanism of dividing the market, give full play to the functional role of the food safety committee, effectively integrate administrative resources, and form a seamless management chain.
“Ensuring food safety is a basic task of social management. Therefore, from the perspective of strengthening and innovating social management, the society also needs a comprehensive food safety governance system.†Song Hualin said, “Food safety issues are a In order to solve this problem, we must solve the problem by not relying solely on the government departments. Originally, we emphasized the supervision of food safety. Now we should use food safety 'governance' to guide this work, that is, only the government, associations, and enterprises. The joint efforts of all parties, experts, and the public will work together to make food safety a priority."
Liu Junhai also believes that perfecting the food safety supervision system will increase the cost of illegal activities for food companies, and at the same time, education companies take the initiative to assume responsibility for food safety for consumers, because this is also an important aspect of corporate competition; It is necessary to emphasize the responsibilities of the people's governments at all levels in coordinating and coordinating the organization of food control. Governments at all levels must plan food safety strategies in an integrated manner. Recently, the General Office of the State Council issued a document clearly stipulating that the administrative guidance responsibilities of the industrial and commercial administrative departments and quality supervision agencies at or below the provincial level shall be delegated from the provincial AIC and the Quality Supervision Bureau to the local people’s governments where these departments are located, so that local people The government has sufficient resources to form a management synergy. In addition, we must resolutely hold the law accountable. Individuals and departments that have committed malpractices in food control should be investigated for their administrative and criminal responsibilities in accordance with the law. From the perspective of consumers, it is necessary to increase education for consumers and consumers. Form the modern consumption concept of rational consumption, scientific consumption, safe consumption and green consumption, and avoid impulsive consumption. At the same time, it is necessary to provide consumers with timely care and assistance, not to allow consumers' rights and interests to be infringed upon and then receive secondary harm, and to provide a green channel for their rights protection activities.
"Establish a scientific concept of food safety supervision, put the food safety supervision system in place, and form a food safety culture that has a universal influence on the entire society. If these three points are achieved, the food safety supervision situation can be expected to improve fundamentally," said Liu Junhai.
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