Ensure the food security to improve the regulatory ystem in accordance with the law
Cao is gaudy in the near future of forest, " milk power of three deer " The incident makes the food security problem become the focus that people pay close attention to again. Its primary problem exposed, drawback and deficiency that the regulatory ystem exists that remain the food security of our country and segment. The regulatory ystem of segmenting existed in loophole 2004, the State Council made " Decision on further strengthening the work of food security ", supervise, take by stage supervising, supervising to food security for main fact, variety for the way to complement, the agricultural sector is responsible for the supervision of the elementary agricultural product production ink; The quality testing department is responsible for processing the supervision of links in food production; Administration for industry and commerce is responsible for the food and circulate the supervision of links; The Ministry of Health is responsible for supervision of consumption links such as catering trade and dining room,etc.,etc.. Supervise the food security in accordance with the law, segment the regulatory ystem is favorable to every department each performs its own functions, but it is unclear to cause department's function crossing, responsibility objectively, especially this kind of supervision has not contained the risk assessment of the food security, standard formulation of the food security, food security the intersection of information and announcement, food incident investigate and handle and food examine qualification of organization assert terms and examine the intersection of norm and the intersection of person who make and respect. In addition, supervise, need a plurality of department finish together by stage, pool, coordination, link up respect to be very important between the department, do not obviously do very enough too in this respect. This time " The milk power of three deer " In the incident, the dangerous reason of the food security takes place in the production ink, the links of circulating are not perceived, found in consumption links, are taken the positive, resolute measure, make the relevant person liable punished severely, but the tragedy has already taken place, the serious consequence has already caused, influence the public's trust intensity to the food security directly. So, must improve the regulatory ystem of the food security and prevent the similar incident from recuring. It is a society governed by law to improve the contemporary society of the regulatory ystem in accordance with the law, running the country according to law has already become the basic state policy of our country, define the duty in guaranteeing the food security of government department in the form of law, meet the target of improving the regulatory ystem of the food security, it is undoubtedly the important mission of the legislation of food security. In April of this year, in the Standing Committee of the National People's Congress solicits the " food safety law " draft on opinion publicly, stipulate the food production, circulation, food and beverage service above county level supervise and manage the department, exercise supervision and control over food production and operating activities, risk assessment of the food security, food security standard formulation, food security information announcement, investigation and processing of food incident, the qualification that and relevant food examine the organization asserts the condition and examines normal formulation, in the charge of department that the State Council authorizes. Though the draft has already regarded risk assessment of the food security, food security standard formulation,etc. as the important content of " food safety law ", compared with " food hygiene law ", regulatory ystem of food security that it is of our country is great to progress, but the draft does not have a functional department of the clear work yet, make this one progress and give a great discount again. In addition, the comprehensive coordination department that the draft has not stipulated clearly the food security supervised, all these can't but be a great defect of " food safety law " drafts. The vital interests of each citizen of security relations of food, the supervision correlated to it involves a plurality of departments of government. Just because the food security ranges widely, how to ensure the food security? What kind of regulatory ystem of food security is set up? Have already become a great challenge that the government all around the world has faced. At present, the food security of countries such as U.S.A., Canada, Japan,etc. is supervised, that was adopted is that many departments divide the work, cooperate, management system finished together. Among them, the Ministry of Health has born the main food supervisory function. In order to ensure the food security of our country, it is necessary to use the experience of world for reference, combine the reality of our country, supervise the regulatory ystem of the food security as main fact, variety and supervises the mode as complementing by original segmentation, change to supervising and supervising the mode of combining together synthetically by stage, on the basis of supervising by stage originally, Ministry of Public Health undertakes the comprehensive supervisory function of the food security. The adjustment or transition of any public management system, will all involve the changes of the functions and powers of government department, the regulatory ystem of the food security is no exception. The functions and powers of the government are from law to award, this is a foundation of a democratic legal system society. So, should change duty and power in supervising in food security of every department of the government, it is due to the effective support of the legislation of food security. At the beginning of this year, the State Council approves, the " food safety law " draft submitted to Standing Committee of the National People's Congress for examination, has offered the opportunity for the food security regulatory ystem of adjusting our country, if can in the form of law, define the food security supervisory function of the relevant department, improve the regulatory ystem of food security of our country, achieve and ensure citizen's life, health rights and interests purpose finally, it is undoubtedly the masses of people's good news and hope.
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