构建中国食品安全法律体系的对策研究

Study on Strategy of Constructing China's Food Safety Legal System

近年来,危害公众生命健康的食品安全事件不断曝光,暴露出我国现行食品安全立法不完善、监管责任不明以及法律救济不足等缺陷。借鉴国外食品安全监管经验,并从立法、行政法、刑法、诉讼法等层面提出相应的对策和建议:我国食品安全体系应在完善立法、统一标准、科学监管、强化执法、严格责任追究、扩展法律救济等方面进行重构,以期形成一套行之有效的、完善的法律体系。

In recent years, the food safety incidents that endangered the public health have been exposed, which re- vealed that our current food safety legislation is not perfect, the regulatory supervision responsibility is unclear and the deficient legal relief. This paper, by drawing on the food safety supervision experience of foreign countries, put forward corresponding countermeasures and suggestions with regards to the legislation, administrative law, criminal law, procedural law and other aspects. This paper also held that our country food security system should be recon- structed in the aspects of legislation, standard unification, scientific supervision, strengthened law enforcement, rigid accountabihty, extended legal rehef so as to form a set of effective, perfect legal system.