About our Administrative Law Enforcement Problems and Countermeasures.docx

1、About our Administrative Law Enforcement Problems and CountermeasuresFood safety is to protect public health, improve the quality of basic public life. From the field of food safety supervision inspection, regulatory conflicts and lack of supervision existence of such phenomena is a lot of food safe

2、ty issues highlighted one of the reasons. Its roots lie in the legal system of food regulation, regulatory regime and regulatory safeguards system is imperfect. More developed regulatory model to summarize the advanced experience from common understanding, improve the legal system, strengthen the re

3、gulatory system, improve the security system, according to regulatory and other aspects and improve the food safety regulatory system is to strengthen food safety supervision, realize the importance of food safety pathway.Keywords: food safety regulatory administrative enforcement measuresTextAdmini

4、strative law and building a socialist legal system is the process stage of Chinas most important content and links. A period, especially since the CPC on establishing the rule of law and the new constitution, the basic strategy of building the rule of law, the government departments actively use var

5、ious means to carry out administrative law enforcement has made great achievements. However, compared with the social expectations, the status of administrative law enforcement is still not optimistic, some deep-seated contradictions and problems have not fundamentally eliminated.In the area of food

6、 safety, 2003-2004, Fuyang inferior milk powder, toxic Longkou vermicelli, Sichuan pickles trichlorfon and other major food safety incident was exposed by the media; 2005, China has emerged Heinz Sudan Event Nestle super Dian milk incident light degenerate milk and early milk and other events, each

7、piece is shocking. Some people use vegetable Pong pesticides, Chen meters with nice decoration, flour against urea formaldehyde foam seafood, smoked sulfur fungus, hormone fed turtle, Tim poppy pot, mineral oil sprayed cookie to describe Chinas food safety situation. How to strengthen food safety su

8、pervision, to achieve Chinas food security is relevant government departments at all levels of law enforcement capabilities severe test.This paper highlights the existing food safety regulatory issues, for example, through the analysis, comparison and propose countermeasures to solve the present sta

9、ge of the common problems of administrative law enforcement provides a typical specimen.A food safety regulatory overview(A) the connotation of food safetyFood is a basic human survival. According to Chinas Food Sanitation Law requirement refers to a variety of food or drink for human consumption an

10、d raw materials as well as finished products according to the traditional as both food and pharmaceutical items, but does not include items for therapeutic purposes.Food safety is to protect public health, improve the quality of basic public life. At present, food safety has become a major global st

11、rategic issues, and more and more governments around the world and the consumers attention. As Chinas economic and social development as well as the sustained higher speeds to improve peoples living standards, food safety is increasingly high requirements.On food safety, different literature abroad

12、have different definitions. With different levels of social life, food safety, from the earliest to avoid poisoning, the protection of life, then the development of nutrition, health, healthy, help maintain the ecological balance and sustainable development, and its meaning is constantly enriched an

13、d extended.1, the narrow concept of food security, mainly food hygiene. That food should be non-toxic, harmless and to ensure safety of life and maintain physical health needs.2, the broad concept of food safety, it is continuing to improve human life, and continue to improve the ecological quality

14、of the environment, so that human society can be sustained for long existence and development. In this sense food safety, including health and safety, quality and safety, quantity security, nutritional security, bio-security and sustainable security and other six elements.3, from the present stage t

15、he concrete practice of administrative law enforcement point of view, the main focus of food safety, health or safety, quality and nutritional security; article refers to food safety, in addition to special instructions, usually refers to the sense of food safety.(Two) the status quo of Chinas food

16、safety1, the improved food safetySince reform and opening, Chinas food safety has improved significantly.Ministry of Health monitoring indicates that food hygiene average pass rate continues to increase. Food Sanitation Law (Trial) in front of 1982, Chinas food hygiene monitoring overall pass rate o

17、f 61.5%; Food Sanitation Law after the implementation in 1994, 2000 and 2002, food hygiene monitoring the overall pass rate reached 82.3%, 88.9% and 93.4%. In 2003 and 2004, the National Food Hygiene Monitoring the overall pass rate continues to maintain a steady increase in the first quarter of 200

18、3 has reached 97.1%.Monitoring shows that the Ministry of Agriculture, Chinas high on vegetable residues and highly toxic pesticides control achieved remarkable results, especially for livestock products in the lean (clenbuterol) control effectiveness is obvious, export food quality continues increa

19、sed. Chinas food quality and safety control has made significant progress.2, the food safety situation is worryingFor a long time, Chinas food supply system is mainly to increase the food supply around the number of questions and set up. As a developing country, China in agricultural production, foo

20、d processing, and marketing and other aspects of security risks still exist, fake and shoddy food repeated, major food safety accidents occurred frequently. Food safety problems in the following areas:(1) In general. According to the Ministry of Health Supervision Center in March 2005 issued by the

21、analysis report, Chinas current food safety, the main problems summarized in the following five aspects: First, microbes that cause foodborne diseases are the main factors affecting food security. Second, planting and breeding industry source pollution on food safety threats. Third, serious food pro

22、duction operations using substandard materials production and processing of food issues. Fourth, the food industry the application of new materials, new technology brings food safety issues. Fifth, environmental pollution posed a serious threat to food safety.(2) health and safety aspects. According

23、 to statistics provided by the Ministry of Health, Chinas food safety problems in recent years showing a trend of fluctuation. 2003 Ministry of Health received a total of 379 national reports from major food poisoning incidents, 12,876 people were poisoned, 323 people died. Compared with 2002, the n

24、umber of major food poisoning from the report, poisoning, deaths increased by 196.1%, 80.7%, 134.1%. Three quarters of 2005, the Ministry of Health and the National major food poisoning incident reports received from 202, 7124 people were poisoned, 196 people died.(3) the quality and safety aspects.

25、 According to the State Administration of Quality Supervision reports from the types of farming and other primary agricultural production areas to see, the farmers production scale is small, decentralized operation, grading and packaging of agricultural products low level of technology, traceability

26、 management difficulties; in food production and processing areas, Chinas food processing enterprises must most of the relatively small size of the countrys more than 700 million small existing food processing workshops, stalls for more than 80% of the hands of less than 10 workshops, backward techn

27、ology, 20% -30% did not meet industry standards, the fifth without standard production, two-thirds do not have the food inspection capacity, nearly half of non-food factory inspection, fourth right into the plant material does not carry out any checks, 60% do not have the basic production conditions

28、; in the circulation process, as packaging, storage, transportation and other facilities are backward and mismanagement, causing secondary pollution of food, it is difficult to ensure food quality and safety. (4) nutrition security. According to the Chinese Nutrition Society survey showed that nearl

29、y 10 years, although the nutritional status of residents significantly improved, but the problem of malnutrition is still quite prominent, showing the coexistence of nutritional deficiencies and nutritional imbalances, nutritional deficiencies caused by food insecurity is also an important factor in

30、 the a. 2004 Fuyang inferior milk powder caused by the Big Head event is one of outstanding performance.(Three) food safety regulatory overview1, the administrative law enforcement and supervision of food safetyAdministrative enforcement of administrative organs in accordance with laws and regulatio

31、ns relative to take a direct impact on the rights and obligations of the specific administrative act, or on the relative rights and obligations of the exercise of supervision and inspection of administrative acts. In this article, administrative acts of administrative law enforcement is not the whol

32、e, refers only to the supervision and inspection of the implementation of administrative penalties and to take administrative enforcement measures and other administrative practitioners recognized customary law enforcement.In the area of food safety, although law enforcement has gradually come out of policy on behalf of France, on behalf of France in order to speak on behalf of law enforcement such administrative management levels, but because of the history, industry practices, the paper is still a food safety supervision instead Food safety law enforcement to use. Namely food safety su