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食品安全的英文論文
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Abstract: at present, China's food safety situation is not optimistic, not only seriously endanger the people's lives and health. Moreover, the development of globalization can make it spread to other countries in the world through the form of international trade, resulting in food safety problems around the world, which has a serious impact on the country's food exports. To ensure food safety based on the effect produced by the analysis of food safety problems, so as to better improve the international trade and the related food safety law laws and regulations system, construct the food trade early warning of trade barriers and counter measures, grasp and use WTO rules to solve international trade disputes.
Keywords: international trade; food safety; legal thinking
First, international trade in food safety issues of legal norms, as well as China's food safety problems
(1) food safety encounters "green barrier" in international trade"
The green trade barrier, refers to Chinese imports in order to safeguard the national security or the protection of human health and safety, protect the ecological environment, or to prevent fraud, to ensure the quality of product, trade barriers and take some mandatory or non mandatory technical regulations, standards and conformity assessment form. The developed countries which set up the green barrier take their dominant position in the international trade as the convenient condition, and make the international trade rule which is more advantageous to them.
GATT twentieth (b) allows members to take measures to protect the lives and health of human beings, animals and plants, which is an international food trade person who can take non-tariff measures to protect the interests of the stakeholders. In the multilateral negotiations, the two major agreements related to food safety, the technical barriers to trade agreement (TBT agreement) and the agreement on the implementation of sanitary and phytosanitary measures (SPS agreement) were reached. These two agreements make more specific provisions on the life of animals and plants, and take the necessary measures to restrict trade, and also take measures to make the provisions binding. Under the framework of WTO, the trade agreements led by developed countries have provided legal support for the protection of domestic similar food industry and the establishment of trade barriers. Moreover, developed countries can adjust their trade barriers according to their own industrial development and overall food trade, so as to safeguard national interests. 3
(2) lack of supervision on food safety in China
China's food supervision mainly refers to the regulatory aspects of the technical level and international standard standards, such as inspection and Quarantine of food exports is not perfect, the technical level is not up to the international standard, the detection of many toxic and harmful substances and the difference between the foreign countries, the same detection process of harmful substances is complicated and expensive cost. Many special food safety regulatory agencies use a full range of imported equipment, ignoring the independent R & D, excessive reliance on foreign technology.
The investigation shows that many countries abuse their power and make excuses to take strict inspection and restrictive measures on China's export of food and agricultural products. And these countries have expanded the scope of testing restrictions on their exports of food, and in the face of different circumstances, these countries will also take corresponding changes and upgrade means.
(three) lack of food safety risk assessment mechanism
The State Quality Inspection Administration on 2001 the implementation of "exit inspection and quarantine risk early warning and rapid response management regulations", although the provisions mentioned in the risk assessment and risk warning mechanism in SPS protocol, but the implementation needs to be improved. Although the food safety law is based on the principle of risk assessment mechanism, the supporting measures are not strong, and lack of corresponding monitoring system, analysis system and other supporting systems.
In addition, compared with other developed countries, the country's food innovation capacity is weak, and new research points need to be developed. Because the current risk assessment system can not be in line with international standards, it is difficult to accurately assess the risk of food safety.
Two. Legal advice on food safety in international trade
(1) efforts should be made to build early warning and counter measures against trade barriers in food trade
Most of the trade barriers in international trade are made up of "green barriers". Therefore, it is very important to establish and perfect the green barrier early warning and counter - measures mechanism.
Including the real concern of foreign food safety industry research trends, accelerate the transmission of information within the food industry, the collection of valuable information, study abroad "green barriers" specific trends respond quickly to the impact of technical barriers to China's exports of agricultural products, the formation of early-warning mechanism, to win the initiative. The concrete counter measures mainly deal with the unreasonable international trade barriers through the dispute settlement mechanism under the WTO framework.
(2) lack of supervision on food safety in China
China's food supervision mainly refers to the regulatory aspects of the technical level and international standard standards, such as inspection and Quarantine of food exports is not perfect, the technical level is not up to the international standard, the detection of many toxic and harmful substances and the difference between the foreign countries, the same detection process of harmful substances is complicated and expensive cost. Many special food safety regulatory agencies use a full range of imported equipment, ignoring the independent R & D, excessive reliance on foreign technology.
The investigation shows that many countries abuse their power and make excuses to take strict inspection and restrictive measures on China's export of food and agricultural products. And these countries have expanded the scope of testing restrictions on their exports of food, and in the face of different circumstances, these countries will also take corresponding changes and upgrade means.
(3) lack of food safety risk assessment mechanism
The State Quality Inspection Administration on 2001 the implementation of "exit inspection and quarantine risk early warning and rapid response management regulations", although the provisions mentioned in the risk assessment and risk warning mechanism in SPS protocol, but the implementation needs to be improved. Although the food safety law is based on the principle of risk assessment mechanism, the supporting measures are not strong, and lack of corresponding monitoring system, analysis system and other supporting systems.
In addition, compared with other developed countries, the country's food innovation capacity is weak, and new research points need to be developed. Because the current risk assessment system can not be in line with international standards, it is difficult to accurately assess the risk of food safety.
Two. Legal advice on food safety in international trade
(1) efforts should be made to build early warning and counter measures against trade barriers in food trade
Most of the trade barriers in international trade are made up of "green barriers". Therefore, it is very important to establish and perfect the green barrier early warning and counter - measures mechanism.
Including the real concern of foreign food safety industry research trends, accelerate the transmission of information within the food industry, the collection of valuable information, study abroad "green barriers" specific trends respond quickly to the impact of technical barriers to China's exports of agricultural products, the formation of early-warning mechanism, to win the initiative. The concrete counter measures mainly deal with the unreasonable international trade barriers through the dispute settlement mechanism under the WTO framework.
(2) master and apply relevant rules to solve international trade disputes and risk assessment
Full use of WTO rules is an important measure to deal with and counter the trade barriers of developed countries. China is a member of WTO, and has the right to implement technical trade measures related to food safety under necessary circumstances according to GATT twentieth (b), the TBT agreement and the SPS agreement. Thus, China not only has the obligation to ensure food safety, has the right to safeguard their legitimate rights and interests, so take reciprocal measures is a deal with trade barriers, but also need to fully grasp the international dispute settlement rules and requirements under the framework of WTO cooperation and understanding. The way of trade barriers in developed countries can protect the development of their own industries to some extent, but it will also be subjected to retaliation from other countries and trade sanctions. Therefore, through the negotiations under the framework of WTO, the trade litigation initiated by other countries can be actively responded, and also can be negotiated and mediation, so as to achieve the purpose of win-win. We can also study the cases of trade barrier disputes, so as to improve their ability to use skills.
Three. Conclusion
In today's society, international trade exchange frequent, economic strength with the increase of trade volume has affected the food safety problem has been paid much attention, it is very important to establish good trade barrier in the international trade and trade friction for the normal international trade order, to prevent food safety problems caused by a wave of speculation and contradictions.
China go abroad as the country, to improve laws and regulations, strengthen food safety and sustainable development of green organic, solve the disputes and conflicts through negotiation mechanism under the framework of WTO, but also make full use of the WTO regulation of special treatment for developing countries to reduce the developed countries of their adverse effects.
[notes]
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3. Yu Ming, Jia Dan. Reflections on the influence of food safety and technical barriers to trade from the perspective of exports [J]. Logistics economy, 2008 (10): 28 - 29.
Jiang Jia. Problems and Countermeasures of China's imported food safety supervision [J]. Journal of office automation, 2011 (5): 8.