我国《食品安全法》实施路径的分析

How to Implement the Food Safety Law of the People's Republic of China?

我国刚颁布的《食品安全法》,全方位地构筑了食品安全法律屏障,其着力点是从"秩序"到"人"的观念变迁。其实施的主要路径有:食品安全的依据是食品安全标准到实施的质量保障体系,食品安全的质量是从农田到餐桌各环节的全程保障,食品安全的监管是分段与统一监管相结合的基本框架。在实施时要注意处理好以下系列问题:统一与分段监管、多主体监管、法律法规冲突、食品安全标准与合格评定、企业标准备案制度、食品安全标准与WTO规则衔接以及巨额赔偿促自律等。实施《食品安全法》是一个社会系统体系,需要观念的转变、国家管理模式的转型、企业与民众的自觉及努力。

The Food Safety Law in China, which was recently promulgated, comprehensively constructs the legal guarantee for food safety, and changes the concept from ＂order＂ to ＂human＂. The essential ways in which the Food Safety Law is implemented are as follows： the foundation of food safety is of the quality guarantee system from the food safety standards to the conformity assessment, the whole course guarantee for the quality of food safety is from the farm fields to the dinner table, and the basic frame of supervision of food safety is the combination of segment supervision and unified supervision. ＂Law can not be implemented by itself＂, some problems such as the mode of segment supervision and unified supervision, multi-subjects supervision, the connection between the food safety standards and WTO/TBT rules, the self-discipline by the huge amount of compensation and so on should be well solved. The implementation of The Food Safety Law is a social system issue which needs the change of concept, the transformation of the country＇s management mode and the consciousness and efforts of the enterprises and people.