我国食品安全犯罪监管体制研究

A Study on Supervision System of Crimes against Food Safety in China

我国目前实行的是"以分段监管为主,以品种监管为辅"的多头监管体制。这种看似"分工明确,环环相扣"的监管模式,由于职权配置不合理、监管主体职责不清等原因,实践中导致职权交叉重复和出现大量的监管真空。这种监管体制已成为食品安全犯罪事件频发的元凶。如果强行将之前形成的多部门监管体制全部推倒重建为单一部门监管体制,可以避免分段监管的诸多弊端,但势必涉及政府有关部门利益的冲突和食品安全法律体系的重构,改革将面临重重阻力并因此付出巨大成本。因此,与我国当前的行政体制以及市场发育状况相适应,减少现有监管部门,建立以"两部门监管为主,其他部门监管为辅,并以刚性协调部门相配合"的监管模式,是目前最理想的选择,应作为监管体制改革与创新的方向。

At present, we carry out multiple supervision system called ＂section supervision as principal, supplemented with varieties supervision＂ in China. This supervision mode with characteristic of seemingly clear - cut division of labor and interlocking connection leads to overlapping functions and a large quantity of empty space of supervision in practice for unreasonable functional allocation and unclear duty of supervision subjects. This supervision system has become the primary culprit of frequently occurred crime cases against food safety. If previously formed multi -section supervision system was forcibly overthrew to reconstruct single -section supervision system, a lot of disadvantages arising from section supervision would be avoided, but interests of related governmental departments would be certainly trapped into conflicts and legal system concerning food safety would be reconstructed, meanwhile reform would face stiff headwinds and thus bring a heavy cost. Therefore, it is an optimal choice at present and should be regarded as direction of supervision system reform and innovation that we reduce existing supervision sections and establish supervision mode called ＂ two- section supervision as principal, supplemented with other - section supervision, cooperated with rigid coordinating section＂, adapting to China＇ s current administrative system and situation of market development.