法治视角下政府食品安全信息公开责任研究

A Research on Government Responsibility in Food Security Information Publication from the Perspective of Law

随着公共行政的变迁,在国家、社会和市场三元结构当中产生的大量行政关系唤起了行政法发展的脚步。近年来相继出现的食品安全事件,严重威胁社会公共利益,食品交易市场的信息不对称乃其根源所在,《中华人民共和国食品安全法》将政府统一公开食品安全信息列入调整范畴。由于硬件和软件设施尚未成熟,政府食品安全信息公开带来积极作用的同时也带来了不少负面效应,效率低下、政府越位、缺位的现象时有发生。2010年11月《食品安全信息公布管理办法》的颁布,意在对政府食品安全信息公开行为加以进一步规范,试图在市场交易的自由和公共利益的保障之间达到平衡。这不仅是给处于信息获取弱势地位的公民消费者以合理保护,也是追求实质平等的现代法治的体现。

The changes in public administration and numerous administrative relations derived from the ternary structure of nation, society and market have promoted the development of administrative law. Food safety incidents in recent years have seriously damaged public interests, and the root of such incidents is the imbalanced information circulation in food market. The Food Safety Law of the People＇ s Republic of China includes government publication of food security information as one aspect of adjustment. However, due to the immaturity of hardware and software facilities, food safety information publicized by government brings positive effects and negative effects such as low efficiency, the offside or absence of government, too. Measures of Food Safety Information Announcement issued in November 2010 aimed to further standardize government food safety information publication, and tried to achieve a balance between freedom of market transactions and protection of public interests. This is not only aproteetion of people at the weaker position of food security information access, but also an embodiment of modern governance by law which values substantive equality.