论我国《食品安全法》的综合调整

On the Integrative Adjustment of Food Safety Law

食品安全对于社会公众具有重要意义。《中华人民共和国食品安全法》的出台,使得食品管理取得了重大进步。食品安全法律关系具有其特殊的性质,其涉及的法律关系众多。这些法律关系可以从法律二元化的角度被划分为以行政法为主要组成部分的公法关系和以民商法为核心的私法关系。由于食品安全本身的特殊性,单独的市场规制,以及传统的私法规范无法完全达到维护人民群众人身财产利益的目的,因此,公法的主动调整才成为了必要。只有公法与私法共同调整,共同在本法域内进行完善和革新,食品安全问题才能真正得到解决。

Food safety plays an important role in our society.The promulgation of Food Safety Law has made the administration of food achieve important success.The legal relation of food safety has its special character,and includes many different kinds of legal relations.From the dual perspective of law,those legal relation can be divided into two parts,one of which is public law relation whose chief component is administrative law,and the other of which is private law relation,the core of which is civil and commercial law.Because of the specialty of food safety,the sole adjustment by the regulation of market and traditional private law are hard to achieve the aim of protecting the people＇s property and personal rights,so the adjustment of public law becomes necessary.Only under the joint adjustment of public law and private law,which makes some improvement and reformation in its respective area,can the problem of food safety be solved completely.