Sanlu milk powder incident has exposed the fatal weaknesses of food safety legislation.

<P> ● milk powder to the recent food safety incidents have exposed the soft underbelly of illegal costs, and regulatory processes into public focus </ P> <P> ● compared to compensatory damages, punitive damages will be more cost-effectively improve business law </ P .> <P> ● sub-regulation-based supervision of different varieties, giving the facts show that this division of regulatory responsibilities are many hidden dangers </ P> <P> ● increase in food safety law on food safety standards after assessment, .original standard found inappropriate, defective, shall promptly amend </ P> <P> 23 to 28 meeting of the NPC Standing Committee will consider the third time, "Food Safety Law (Draft)." .After the end of April this year the draft to the public for comments, by the end of August the second review the NPC Standing Committee, Social wide attention. .</ P> <P> 9 month, Sanlu melamine milk powder was exposed, followed by a number of domestic enterprises were detected melamine in milk powder. .According to the Ministry of Health, as of October 8, the national question so times milk powder incident still hospitalized infants 10666. .This incident, to being developed which alerts the food safety law? .</ P> <P> a warning: the lack of punitive damages </ P> <P> event playback: September 20, Yili, Mengniu, Bright and other 21 manufacturers of infant formula milk powder to China's national quality leader .Administration submitted a quality and safety inspection undertaking, collective solemn commitment to the community, will assume responsibility, strict production and ensure product quality and safety. .</ P> <P> the face of corporate joint apology, the public response was very dull. .Even the public that: to refuse such an apology, but would like to see how to punish the illegal enterprise. .</ P> <P> compared with existing laws, the draft law on food safety, production and management has been to increase penalties for violations: </ P> <P> - expressly provides for criminal prosecution. .Violation of this Law, causes damage to persons, property or other damage, shall be liable for compensation; constitute a crime shall be held criminally responsible. .</ P> <P> - a substantial increase in penalty standards. .Existing laws in the amount of the maximum penalty is only 5 times the illegal income. .Unauthorized illegal activities involved in food production, or production and operation of the State expressly prohibited substances containing food, does not constitute a crime, confiscate the illegal income, the maximum fine up to 10 times the total value of fines and revoke the license. .</ P> <P> - the prohibition of the introduction of the system employed. .Suspended food production, distribution, or food service licenses of enterprises, and its executive officers directly responsible for 5 years shall not engage in food production and operation management and so on. .</ P> <P> "producers and operators is to ensure that primary responsibility for food safety", this provision was explicitly written into the draft law on food safety, and refined for the relevant system: </ P> <P> .food producers and traders to establish credit files of food safety system, the lack of security that ultimately will be driven out of business credit market purposes; </ P> <P> unsafe food recall system established to prevent unsafe food to the market .distribution, sales, the food safety risks ... ... </ P> <P> Beijing Municipal People's Congress, Beijing University professor Jiang Mingan that repeated food safety problems in recent years, there is another important reason is lack of compensation mechanisms for deterrence. .The lack of punitive damages, the cost of the offender's offense is very low, compensatory damages is far from sufficient to halt the manufacture and sale of enterprises as the profit-driven behavior of unsafe food. .</ P> <P> He suggested that operators of food producers due to damage caused by intentional acts may claim compensation for consumers in addition to actual losses, but also requires a certain percentage or amount of punitive damages. .</ P> <P> compared with the compensatory damages, punitive damages will help improve the interests of consumers protect their own initiative to significantly improve food production and the cost of illegal operators. .</ P>.