人权发展观照：中国食品消费者权益保障的实践发展与理论认识

Observation on Development of Human Rights： The Evolution of Theory and Practice of Protecting Food Consumers＇ Rights in China

本文以国际大视野的眼光，讨论了食品安全消费者利益保障实践发展过程中的得失，进而把食品安全消费者利益上升到基本人权保障的高度，从理论与实践结合的角度分析了食品安全保障发展的前途、潜力、阻力与解决方法。食品安全问题突显在经营消费领域，而症结却主要在生产加工过程中。“无法可依”、“有法不依”、“执法不严”和管理失效。是食品安全问题长期存在的重要原因。而食品安全问题的根本解决应当是建立健全有广大消费者直接参与的食品安全保障公众监督组织和机构，形成公民大众的权威监督机制，造成自国家立法机构、政府职能部门到消费者一致认同的消费者基本人权尊重与保障意识。

The paper with an international perception presents the discussion on the gains and losses in the process of practical advancements for food safety and consumers＇ rights protection, and furthers the topic to human rights protection from merely food consumers＇ rights protection, thus giving analysis from both theoretical and practical angles on the prospect and potentials, inhibitors and resolve on food safety protections. It is reckoned that food safety problem is obvious in sales and consumption, hut the sticking point is in production. Food safety has already become a serious problem in society. A very important cause for lasting food safety problem is＂ no laws to obey＂, ＂disobey the laws＂, ＂not strictly implement the laws＂ and other ineffective management. The thorough resolve of the food safety problem cannot solely rely on government. Instead, we should set up and refine inspection organizations for food safety participated by the mass consumers, so as to form a standard monitoring system; and also establish a common understanding in respect for human rights and awareness in consumers＇ rights protection which is universally acknowledged by national legislative, government and consumers alike.