欧盟转基因食品法律制度的背景探析

Background Analysis of Legal Regime on Genetically Modified Food in EU

欧盟的宗教传统认为转基因食品对传统食品的改造不可接受,"政教合一"的模式使得其宗教信仰成为公共政策得以表现;欧盟的伦理价值观使得欧洲国家宁可忍受国家失业率的增长,也不对转基因技术放宽限制;欧盟的大陆法系的法律传统导致欧洲国家关于转基因食品的规定存在较大漏洞;出于经济利益的角度,欧洲国家也往往通过对转基因食品的管制设置贸易技术壁垒。因此,一直以来,欧盟基于其宗教、伦理、法律传统和经济等多方面原因,对于转基因食品采取严格的法律制度进行管制。

There are many reasons for European Union (EU) to refuse genetically modified food. Firstly, based on religious tradition, genetically modified food is regarded as unacceptable one in EU. So it is possible for EU to show its religious belief in public policy because of religion-politics integrated model. Secondly, due to its ethical viewpoints, EU would rather suffer from the increasing rate of unemployment than lessen the limit on genetically modified technology. Thirdly, the legal tradition of continental law system leads to several serious problems in the regulation of genetically modified food in EU countries.Finally, owing to the economic interests, the EU countries would like to regulate the genetically modified food in order to set technical barrier in foreign trade. Therefore, for a long time EU adopts strict legal system to regulate genetically modified food from the perspective of religion, ethics, legal tradition, and economics.