From sound of member of a nationality at the basic level to national fundamental laws and principles --Birth course of safety law of food

From sound of member of a nationality at the basic level to national fundamental laws and principles --Birth course of safety law of food
Food safety law vote by Standing Committee of the National People's Congress, agree with 158 ticket, 3 ticket object to and 4 ticket abstain and is passed in a high rate February 28, will begin to implement on June 1 this year, the food hygiene law will be abrogated at the same time. From " hygiene " Get " safely " ,The legislation of food security is supervising and managing the promotion reading, meet the social new situation, comply with the practical act of new demands of masses. The enactment of law of the food security, have established the solid legal system foundation for further strengthening the safety of food to supervise in our country. This is a law of responding the people's sound - -Listen attentively to the social people's voice, adopt representatives' suggestion, the supreme country's legislature accelerates the legislative process " salty duck's egg of heart " " pathogenic good fortune longevity spiral shell " " infant and pre-school children's milk power incident of three deer card " Nearly will influence greater food security incident every year in recent years, almost each incident is that the relevant department begins vigorous investigation after the media caused a stir. "Who can ensure the security of our dining table? " Public doubt directs at the food security of our country and supervises three big " The soft rib " : --The regulatory ystem is unreasonable, supervise uncompletely, it is lax to enforce the law, it is not clear that there is duty crossing, power and responsibility between the departments, lead to the fact that there are blank and loophole supervised; --The mark keyword of the food: The food, safety law this, is a law which reflects democracy - -Review by 4 Standing Committee, 7 law committee review and 1 over person Wan propose, discuss, review, survey and study, solicit the opinions of the whole people publicly in true essence of annotating science legislating, democracy and legislating The formulation process of the food safety law, it is a epitome that the science of our country legislates, democracy legislates. While the draft is drafted, education,science,culture and health committee and Standing Committee law working committee of National People's Congress have widely solicited every opinion. In December of 2007, the food safety law draft is after first review of the Standing Committee of the National People's Congress, Standing Committee law working committee prints and distributes the draft in regional Standing Committee of the National People's Congress, central all related departments, public organization, institution of higher learning and research institution to solicit the opinion, and on the basis of absorbing every opinion, review the draft twice which have formed the draft. According to the decision of the meeting of Chairperson of Standing Committee of the National People's Congress, on April 20, 2008, announce the food safety law draft to the social full text in the office of the Standing Committee of the National People's Congress, solicit the opinions and suggestions of various fields extensively, in order to revise, improve this legal draft better. The food safety law draft becomes the first legal draft that new Standing Committee of the National People's Congress solicited the opinion to the whole people publicly from this, becoming and expanding an important action that citizens are participating in the legislation in order constantly. In one month, the broad masses pass different ways such as the network, newspapers and periodicals, writing letters, have put forward more than 1 ten thousand opinions and suggestions. Everybody think legal draft solicit public opinion is to legislate, move towards scientific process, the intersection of democratization and a loud step that take under course extensively generally, it is the concrete embodiment of the scientific development view. To the concrete content of the food safety law draft, everybody airs one's own views: Such as about the question of the law name, someone proposes continuing to use " food hygiene law " ,Some propose changing into " The hygiene law of the food security " ,Others think that should let " The food quality safety law " ; To" producers produce the food sold in the administrative division of home town, do not need to win production permit of food " Content,propose someone,in this way can shirk responsibility, give up not if you can't supervise, leave by excusing to supervision department, but another part of people think this regulation consider the actual conditions of peasants of our country, it is a legislative light spot In ten thousands of suggestions, " food regulatory ystem " Presenting the content supreme in frequency, everybody has pointed out the drawback of the current regulatory ystem, also offered the suggestion of changing, numerous. About the discussion of this question, review in Standing Committee 4 times and National People's Congress law committee 7 times has been extending while reviewing one by one all the time. In the draft goes over a manuscript or draft two times, the concrete supervision duty of the department of supervising, the industry and commerce, food medicines supervising to the hygiene, quality etc. has been defined. But some members of the Standing Committee of the National People's Congress propose, clear led by Ministry of Public Health supervise, but it is still more outstanding that the responsibility of every department cross, and the administrative rank is the same, coordinate the big difficulty. Ni YueFeng, committee member of Standing Committee of the National People's Congress, states outright: "Current regulatory ystem change, security of food state very much difficult to have loud change. " Some members of the Standing Committee of the National People's Congress propose, it is in the charge of a responsible institution that the food security must be implemented or defined; Another some the intersection of Standing Committee and member propose, establish one trans-departmental organization such as specialized committee come, go on, synthesize and coordinate and manage the food security. The State Council proposes postponing the original review plan according to the review opinion of the members of Standing Committee, have further studied and proved problems such as the regulatory ystem of the food security,etc.. The safety law of final food is clear, the State Council sets up food security council, in order to coordinate, guide supervision. All the time Wen FuJiang, committee member of Standing Committee of the National People's Congress, paying close attention to regulatory ystem of the food security has said: "This adjustment makes the regulatory ystem more systematic and more complete. " One punctuation mark, one words, one regulation, a system The formulation of the law has gathered the masses of people's intelligence, work after condensing the hardships of legislative workers, having condensed every common understanding, has popularized the legal knowledge, the spirit that has fully reflected science legislates, democracy legislates. Unify while being accurate, science, appraisal of security scientific to remain, raise further about food; The information of food security is unstandard in announcement, does not unify, cause consumers to be at a loss as to what to do; --Lack the effective mechanism norm and guide the operator's heavy quality, heavy and safe of food, the responsibility for producing operator of food is indeterminate, lax, non- enough to illegal enterprises and behavioral punishment efforts. "The food security is the major issue that a case involving human life is to be treated with the utmost care, must supervise conscientiously, the tight law is punished. " With the growth day by day of health demands of people, accelerate the voice of the legislation of food security and grow to even greater heights too. The social difficult point which the masses reflect, it is the focus that deputies to the National People's Congress pay close attention to too. For many years continuously, about " food security " Proposal quantity last forefront, be " it is issue by food safety law not to make as soon as possible " Become all representatives' common understanding. During national People's Congress in 2005, 30 national person's representatives such as Tao YiSheng proposed: Use the experience of the developed country for reference, make the food safety law that a department accords with the national conditions of our country, so as to ensure the people are healthy. At national People's Congress in 2007, 445 representatives of more than 10 delegations such as Jiangsu, Anhui, Henan jointly propose 14 proposals respectively, demand to accelerate making the food safety law or revising the food hygiene law. The deputy to the National People's Congress Xu JingLong has pointed out, do not have key law of food security - -" food safety law " ,It is a great disappearance of the legal system of food security of our country. The statistics show, only the tenth National People's Congress one? Cold the intersection of �� and the intersection of top and school angstroms of angstroms of bank Oh, the intersection of Shun and luxuriant Shun, ���� of Na, curl Ke of � Xia Mou claim vanadium step on �� rectify refined bag Ju float often Tang � apprentice Luo? The people are necessary, mine does. The Party and government pay close attention to the food security question, have taken various measures including legislating. The Standing Committee of the National People's Congress strengthens the work of relevant legislation, supervises the party concerned to draft as soon as possible, submit to and review in time. Revised the food hygiene law and was listed in the annual legislative plan in 2006. Hereafter, the State Council set about revising the bill of Ministry of Public Health of food, on the basis of studying, absorbing the suggestion that deputy to the National People's Congress,etc. puts forward, will revise the food hygiene law and switch over to making the food safety law. The food safety law draft is submitted to Standing Committee of the National People's Congress for review for the first time in 2007. "The food security concerns public health, government's prestige and international image. " The administrative law chief of the office Lee of Commission of Legislative Affairs of Standing Committee of the National People's Congress aids and says, in order to solve the realistic problem from system, guarantee the food security better, supplement, improve the current food hygiene system, it is very essential to make the food safety law. Keyword: Food safety law This is a law of complying with the aspirations of the people - -To " three deer incident " , health food content that masses reflect strongly, food safety law make series, stipulate nearly or 30 ten thousand infant and pre-school children damage, 5 over infant and pre-school children Wan need hospital treatment. Three infant and pre-school children of deer card the intersection of milk power and incident shock wounded hundreds of thousands of heart of parents completely home and abroad, people demand to stop, punish this kind of illegal activities severely strongly. The Standing Committee of the National People's Congress highly pays close attention to " Three deer incident " ,Make a series of pointed regulation in the intersection of food and safety law, in order to prevent " the three the intersection of deer and incident " strictly from from legal system Recurrence. " milk power of three deer question " Result from the reason that the lawless person has added and gathered cyanogen amine three times while the original milk is purchased. For a long time, purchase link as original milk " whether milk stand " Been supervising all the time " The blind area " . To this phenomenon, the food safety law has strengthened the local government and duty of the related departments, outstanding" supervise in the whole journey " ,Do not leave the blank from farmland to dining table. Last March, there was quality problem that consumers reflected a three deer card of infant and pre-school children's milk power to the related departments, but not caused enough attention, did not begin to deal with a problem until September. The relevant person says, not working of early warning mechanism, it is " three deer incident " One of the important issues exposed. To this loophole, the food safety law emphasizes that should notify relevant information between the relevant departments in time, the ones that strengthened between systems such as reporting and examining, risk assessment, recalling,etc. had not sewn butt joint. To using additive and adding the control of the illegal material uncompletely illegally, also cause " Three deer incident " One of the important reasons to happen. Food additive in order to prevent is unstandard to use and abuse, guarantee source safety of food, it is listed in food additive range allowed to use only through the safe and reliable, technically really necessary ability of evaluation certificate of the risk that the food safety law is defined; Food producers should use food additive according to the food safety standard. Three deer milk power was once one of the high-quality products which Quality Testing Bureau announced, enjoyed " treatment exempt from inspection " . But the last fact proves, the system exempt from inspection has supervised and left the hidden danger for the food security. The food safety law especially stipulates, it is exempt from inspection that can't implement the food. To " three deer incident " Exposed question, the food safety law has also reaffirmed the reporting system of the accident specially, have increased and ordered to recall the system, strengthen the responsibility claim system, has made the basic principle of the food safety standard clearly. The food safety law stipulates clearly that can investigate criminal liability: Cause the life, property or other to damage, bear compensation responsibility in accordance with the law; If the case constitutes a crime, criminal responsibilities shall be affixed in accordance with the law. Produce and manage the food and does not still form the crime illegally, confiscate it outside the unlawful gains, subject to the penalty of 10 times of the amount of money of highest up to goods value and revoke their licences. Also strengthened it to the relevant supervision department, personnel's administrative penalty at the same time. "Take meat afraid hormone, take dish afraid toxin, drink beverage afraid of pigment "Gong XuePing, committee member of Standing Committee of the National People's Congress, says, " popular jingle in the society, indicate the people lack believing in to the food security. The food safety law is very essential to ' three deer incident ' making the regulation and in time, also comply with the aspirations of the people. " In addition, whether should include the question that masses such as the food advertisement,etc. reflect strongly of speaking on behalf in this law, celebrity on the health food, the Standing Committee of the National People's Congress undergoes numerous discussions, has all made the clear regulation in the law too finally. Wang GuangDao, committee member of Standing Committee of the National People's Congress, points out, the modification of the pertinence has complied with the aspirations of the people, reflected the will of the people. Keyword: Food safety law This is that one reflects people-first law - -Multiple system innovation are prominent " Based on people's livelihood " Legislative for feelings food is god for the people, make Ann a priority at food, be lasted " people's livelihood is originally " all the time food security course and clauses legals legislative Thinking and principle. Make the regulatory ystem in order, set up the risk to monitor the system, unified food standard, strengthen the management of food additive, enterprise's responsibility of condensed food No matter which respect system innovation, all there is one their goals: Ensure the public to be healthy and life security. --Make in order and supervise management system, strengthen and supervise in the whole journey. The food safety law stipulates, " the State Council sets up food security council " ,Coordinate to the supervision of food security and guidance, strengthen interdepartmental cooperation and prevent and supervise the space. Further define the supervision duty of every department at the same time, strengthen the local government's supervision duty, it is all linked with one another and strengthening and supervising to accomplish in the whole journey. --Set up the risk and monitor the system. Clear in the food safety law " The country sets up food security risk to monitor the system " ,The relevant department will make, implement the national food security risk and monitor the plan. Li aid, point out system this mean of our country food security supervise, it pays attention to external hygiene to be clean to expand to, pay attention to inherent factor nonpoisonous and harmless, pay close attention to common people's health further. --Make the unified national standard. To the food safety standard of our country " Nonstandard " Reality,food stipulate clearly in unison to make in safety law by food security the principles of the national standards. Administrative law room division chief Huang Wei of working committee says, sets up science, unity, authoritative food safety standard system the law of Standing Committee of the National People's Congress, not only can lay a solid foundation for ensuring the food security, can also stop effectively the multi-door phenomenon doing things in his own way appears in each law enforcement agency law. --Strengthen food additive to supervise. Question of using stressing etc. of adding non- edible material and food additive illegally to our country, the food safety law is emphasized: " permit the system to the production of food additive " ,Guarantee to be unharmful to health of the human body it is that the first which is made the food additive catalogue wants justice. --Emphasize a food operator is the first person liable. Only by number of people go little team it last dispersing old food enterprise,can't difficulty with? V �� claim vanadium step on the intersection of ���� and Ge play �� claim vanadium step on �� Kang Gou the intersection of human skull and the intersection of beak and the intersection of Yi and head the intersection of �� and Lu able to bear �� protect �� bone kang �� towering to claim the intersection of Philippine and the intersection of large bamboo or straw hat with a conical crown and broad brim and the intersection of shelf and the intersection of brain and the intersection of quail and proper monthly umbrella Wei pa? A string and a legal provision, items of system innovation, the body goes out of the supreme insistance of the human-oriented idea of country's legislature, concern about people's livelihood. From sound of member of a nationality at the basic level to national fundamental laws and principles, legislators' " people-first " The feelings has been carried throughout issue of the food safety law.

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