With the development of modern society and the improvement of people’s living standards, food safety has become a hot spot for the whole nation. Food safety supervision department is in charge of the safety of public food. With the authority gradually increasing, how to regulate the uncontrolled “Discretion” is very important. This thesis, at first, elaborated the connotation and features of the supervisory, administrative and executive “Discretion” associated with food, revealed that they are from a legal and relatively liberal authority and the specificity of their applications. In addition, it expounded the various forms of the discretion of food safety supervision and the necessity of its existence. Furthermore, we summarized the current major problems lying in the execution of administrative discretion by food administrative departments as well as the reasons for the abuse and misuse of discretion. Finally, aiming at the existing problems, we should make effort to improve food safety supervision of the internal supervision mechanism and strengthen the external supervision, and thereby improve administrative discretion by food administrative departments.
Key words Food supervision; executive law enforcement; Discretion
