食品安全监管法律责任研究

当前我国食品生产领域潜在的安全风险十分巨大,食品安全监管也成为政府关注的头等大事.从国际经验来看,食品安全保障的核心是政府监管职能的实现.为此,不仅要克服我国传统食品安全监管体制的弊端,而且要落实政府食品安全监管的责任机制.这就要坚持食品监管公共利益原则,合理安排现代风险社会条件下政府食品安全监管的责任分配.同时,也必须考虑市场经济条件下行政监管的局限性,避免对行政监管的过度依赖,早日实现从单一行政监管体制向复合的市场化监管体制的转变,实现市民社会食品安全法治,使食品安全保障机制之上永悬利剑.

The Research on Legal Responsibility of Food Safety Regulation

The current situation of food industry in china has a huge potential security risks,food safety regulation has become a top priority for the government.In order to protect people’s lives and health,the government intends to improve the food safety regulation system.According to the international experience,the core of the food safety regulation is the achievement of regulatory functions of the government.It is challenging to Chinese government.So it is not only to overcome the defects of the Chinese traditional food safety regulatory system,but also to implement the Government’s responsibility for food safety supervision mechanism.This requires that we must adhere to the principle of public interest in food regulation,under the conditions of modern risk society;the government allocation of responsibility for food safety supervision should be arranged reasonably.At the same time,we must consider the limitation of the administrative supervision in market economic conditions,avoid over-reliance on the administrative supervision,realize the system from a single administrative control system to a complex market-oriented regulatory system as soon as possible,to establish a food security law in civil society,to ensure the safety of food.