In food safety regulation, at least should include four aspects of regulation, namely, self-regulation of industry organizations, government regulation, social supervision, consumer self-help. The author engaged in the practice of law for nearly a decade, from the perspective of grass-roots legal workers, combined with the "Food Safety Law", "Tort Liability Law" and other provisions of the new ideas and suggestions, I hope to be able to the city's various functional departments how to better fulfill their functions, and to strengthen the supervision and management of food safety work has been beneficial.

One, increase the government officials of inaction or chaos in the pursuit of administrative and criminal responsibility.

In recent years, frequent food safety incidents around the world, so that the relevant government departments of food safety supervision failure has been criticized by the community. The inaction of some functional departments has made food safety supervision a sham, and some staff members of state organs who are responsible for food safety supervision are seldom held criminally liable, even though they are suspected of dereliction of duty or abuse of power. Ensure the safety of the people's tables, rely solely on the punishment of the relevant enterprises is obviously not enough, must be negligence of the regulatory authorities into the scope of punishment, the supervision of negligent personnel to be held legally responsible. In reality, the local government and functional departments for various purposes, negligence, negligence to fulfill the legitimate rights and interests of consumers and purify the food market order of safety supervision and management responsibilities, resulting in profit-oriented food production and operation of food production and operation to create food safety problems, some of the major food safety accidents have occurred time and again. Even some functional departments also have the green light for operators who do not have the legal qualifications of food production and operation, illegal administrative licenses and so on. The Food Safety Law grants the administrative authorities the responsibility of monitoring food safety, which is an administrative power and a national public power for the regulated, and a heavy responsibility for the consumers and the public. In order to urge the administrative power holders to perform their duties, the Food Safety Law from the legal responsibility of the functional departments of the legal responsibility for refusing or negligent exercise of regulatory duties, as well as the abuse of power regulatory duties. Such legal responsibility includes both the administrative sanctions imposed by the State on government officials and the State's liability for compensation to victimized consumers. At the same time, the Criminal Law Amendment (VIII) added the crime of dereliction of duty in food safety supervision, according to this article, constitutes the crime of dereliction of duty in food safety supervision, the perpetrator shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the consequences are particularly serious, the perpetrator shall be sentenced to fixed-term imprisonment of five years to not more than ten years. As Yichang has not yet appeared in major food safety incidents, so should be more prominent publicity food safety supervision dereliction of duty.

The author also believes that in the event of a food safety incident, the head of the regulatory department should take the initiative to resign, and the local government's main person in charge should also be removed from office. This accountability mechanism for the firm establishment of the rule of law, responsible government and the new concept of service-oriented government, to protect the legitimate rights and interests of consumers has produced positive legal, social and political effects. In order to normalize, institutionalize and standardize this accountability mechanism, Article 95 of the Food Safety Law stipulates the administrative measures for the main leaders of local governments and the main leaders of regulatory departments. Although there is only one article of the law, but from the law can be clear, the government's "a hand" and functional departments "a hand", may be due to the local, the department in violation of the statutory duties of food supervision and removal of the "hat". ". According to "food safety law" article 95, paragraph 1 of the provisions of the local government at or above the county level in the supervision and management of food safety in violation of the provisions of the law, failed to fulfill their duties, the administrative region of the major food safety accidents, causing serious social impact, according to law on the directly responsible for the personnel in charge of the other directly responsible personnel to be given a record of major faults, demoted, dismissed or expelled from the sanction. The "directly responsible persons in charge and other directly responsible persons" include both the deputy leaders of local governments in charge of food safety supervision (such as deputy county governors and deputy district governors), as well as local government leaders in charge of food safety supervision. According to Article 95, paragraph 2 of the Food Safety Law, if the health administration, agricultural administration, quality supervision, industry and commerce administration, food and drug supervision and management departments or other relevant administrative departments at or above the county level violate the provisions of the Law, fail to perform the duties stipulated in the Law, or abuse their powers, neglect their duties, or engage in malpractice for personal gain, the directly responsible persons in charge and other directly responsible persons shall be given a demerit or a punishment of demotion; if the cause is serious, the person who is directly responsible for the violation of the provisions of the Law shall be punished by a fine of one month's imprisonment, or by a reduction in rank. demoted; if serious consequences are caused, dismissal or expulsion shall be imposed; the person in charge shall take the blame and resign.

Two, the establishment of information **** enjoy the platform, to strengthen the whole process of food safety supervision.

As food safety involves food production, processing, storage, transportation, circulation and consumption of many links, any one regulatory department is difficult to bear the heavy responsibility of safety supervision alone. In the "one department can not control" situation, the current food safety regulatory system was forced to choose a number of departments to regulate the idea of segmentation. Among them, the agricultural sector is responsible for the supervision of the production of primary agricultural products, quality inspection departments are responsible for the supervision of food production and processing, industry and commerce departments are responsible for the supervision of food circulation, health departments are responsible for the catering industry and canteens and other consumer supervision, food and drug supervision departments are responsible for the comprehensive supervision of food safety, organization and coordination and investigate and deal with major accidents according to law.

Segmented regulatory system, although it helps to supervise the relevant departments to perform their respective duties, to avoid the phenomenon of "a department can not control", but also appeared "more departments to control the bad" drawbacks: there is regulatory duplication between the regulatory departments, there is also a Regulatory blind spot. In the "field" to "table" of the various food production and management links, it seems that agriculture, quality supervision, industry and commerce, health and other departments "heavily guarded", but toxic and harmful foods are still on the market! But toxic and hazardous foods are still on the market. After consumers complained about product quality problems, the relevant departments either lack of information sharing, or shirking responsibilities. Another example, the food safety risk assessment, food safety standards, food safety information published does not belong to any part of the matter, which department is responsible for is not clear, objectively, but also produces departmental cross-functional, accountability for the serious problem of unclear. Because of the unclear division of responsibilities, some departments in the interests of small groups, driven by the adoption of the "favorable on the rush to manage, no profit let's manage" pragmatic thinking, will inevitably weaken the supervision of the regulatory authorities of the regulatory efficiency, and even miss the best regulatory time.

In order to completely break the "a department can not control, multiple departments to control the bad" vicious circle, should establish information *** enjoy, fast and efficient, seamless throughout the food safety supervision system, especially the city's Health Bureau, Quality and Technical Supervision Administration, Food and Drug Administration, Administration for Industry and Commerce and other departments should be Establish a communication platform to ensure smooth flow of information. Regarding the division of regulatory responsibilities at the local level, Article 5, paragraph 2 of the Act provides: "Local people's governments at or above the county level in accordance with the provisions of this Act and the State Council to determine the level of health administration, agricultural administration, quality supervision, industry and commerce administration, food and drug supervision and management departments of food safety supervision and management responsibilities. The relevant departments in their respective areas of responsibility for the supervision and management of food safety in the administrative region.".

In order to eliminate regulatory gaps, improve regulatory efficiency, "Food Safety Law" Article 6 also requires the county level above the health administration, agricultural administration, quality supervision, industry and commerce administration, food and drug supervision and management departments to strengthen communication, close cooperation, in accordance with their respective division of labor, according to law, the exercise of powers and responsibilities. In order to give full play to the local government on the local food business regulatory resources, local governments are required to take overall responsibility for food safety supervision in the administrative region. Article 5, paragraphs 1 and 3 of the Food Safety Law provides: "Local people's governments at or above the county level shall be uniformly responsible for leading, organizing and coordinating the supervision and management of food safety in their administrative areas, and shall establish and improve the working mechanism for the supervision and management of the whole process of food safety; they shall unify the leadership and direction of the work of responding to food safety emergencies; they shall improve and implement the responsibility system for the supervision and management of food safety, and shall review and evaluate the supervision and management of food safety. Supervision and management of food safety supervision and management departments for evaluation, assessment. Departments under the higher people's government in the lower administrative regions set up institutions should be in the people's government of the location of the unified organization, coordination, according to law to do a good job in the supervision and management of food safety". Therefore, in the establishment of information **** enjoyment mechanism, strengthen the whole management process should be coordinated by the local government.

The author believes that the establishment of information **** enjoy, strengthen the communication platform, should be one hand to grasp the division of supervision, one hand to grasp the supervision of cooperation. In other words, both emphasize each regulatory department in accordance with the law diligently, authoritatively and efficiently perform their respective statutory duties; but also emphasize the information between the regulatory departments *** enjoy, regulatory linkage, seamless docking, and ultimately the full establishment of a 360-degree omni-directional, 24-hour 24-hour coverage of all kinds of food production and processing, distribution and consumption of the cooperative regulatory system. Compared with the regulatory division of labor, regulatory cooperation is more challenging and difficult.

Third, in the civil compensation lawsuit to increase the application of punitive damages.

China's "Tort Liability Law," Article 47 provides: "Knowing that the product is defective still production, sales, resulting in death or serious damage to the health of others, the tortfeasor has the right to request appropriate punitive damages." This article provides for punitive damages for product defects. Article 96 of China's Food Safety Law stipulates that anyone who violates the provisions of this law and causes damage to persons, property or other damage shall be liable for compensation in accordance with the law. The production of food that does not meet food safety standards or the sale of food that is known to be not in compliance with food safety standards, the consumer in addition to compensation for damages, but also to the producer or seller of ten times the price of damages. According to Article 99 of the Food Safety Law, food is "all kinds of finished products and raw materials for human consumption or drinking, as well as articles that are traditionally used as both food and medicine". Accordingly, food includes both unprocessed raw materials and processed food products. The products in Chapter V of the Tort Liability Law, "Product Liability", are the products stipulated in the Product Quality Law. According to the provisions of Article 2 of the Product Quality Law, "product" refers to "processed, produced and used for sale", if the food meets the requirements of "processed, produced" and "used for sale". If the food meets the "processed, made" and "for sale" elements, also constitutes a product, food products belong to the "Tort Liability Law" "product liability" under the jurisdiction of the scope of the "Food Safety Law" adjusted within the scope of food. Therefore, because of the defects of food products and suffered damage to the consumer, can be based on the food safety law 96 paragraph 2, can also be based on the tort liability law article 47 request punitive damages.

But the Food Safety Law, Article 96, paragraph 2 of the food "does not meet food safety standards"; while the Tort Liability Law, Article 47 for defective products, in the field of food, for defective food products. However, the Tort Liability Law itself does not specify the concept of product defects and requires reference to special laws. According to the provisions of article 46 of the product quality law, the defect refers to the existence of products that jeopardize the safety of persons, other people's property unreasonable danger; products have to safeguard human health and personal and property safety of national standards, industry standards, is not in line with the standard. Only from the text, does not meet the food safety standards of products, of course, is a defective product; if it meets the food safety standards, it is not a defective product. Article 96(2) of the Food Safety Law and Article 47 of the Tort Liability Law do not create an inconsistency in the types of products subject to punitive damages in the food field. However, there are theories that should be unreasonably dangerous as the standard to determine whether the product is defective, even if the product's performance indicators are in line with the mandatory standards of the product, the product may still be defective; Judicial practice, there are also cases to support. Therefore, even if a food product meets the food safety standards, consumers can not request the Food Safety Law, Article 96, paragraph 2 of the sense of punitive damages; but if there is an unreasonable risk, still constitutes a defective product, the infringer can still request the Tort Liability Law, Article 47 of the sense of punitive damages.

The author would like to emphasize that, according to the food safety law, article 96, paragraph 2, as long as the product does not meet food safety standards, consumers can request punitive damages. Tort Liability Law, Article 47 of its scope of application is significantly narrower than the former, only in the case of personal injury caused by death, serious damage to health, the infringer can request punitive damages. That is to say, the production of a food product does not meet the food safety standards or the sale of food products knowingly does not meet the food safety standards, constitutes the "Food Safety Law," Article 96, paragraph 2 of the sense of punitive damages, but if there is no serious personal injury, does not constitute the "Tort Liability Law," Article 47 of the sense of punitive damages. Therefore, the author believes that in the civil compensation lawsuit to strengthen the application of the Food Safety Law on punitive damages.

But, from the point of view of the cost of defending the right, no one will defend the right for ten times the punitive damages. However, the Food Safety Law introduced punitive damages, but the amount of compensation is only ten times the amount of compensation. This compensation is too low, since the punitive damages should not be capped, the purpose of setting up this system is to let the counterfeiting enterprises know that 10,000 people bought the product, even if only one consumer to ask for compensation, the whole enterprise may be down. For that kind of intentional, malicious behavior, should be economically fatal punishment. Therefore, in judicial practice should also be more widely applied moral damages to make up for the inadequacy of its provisions, of course, I also look forward to the improvement of the law.