论食品安全规制中的企业主体责任——以日韩食品安全监督员为例

The Enterprises' Major Responsibilities on the Regulation of Food Safety: From the Perspective of Food Safety Supervisors in Japan and Korea

为了应对食品安全风险,进一步发挥企业主体责任,在企业内部设置食品安全监督员,是一种有效的措施。虽然我国2009年制定的《食品安全法》引入了食品安全员制度,但规定得过于原则。目前,我国《食品安全法》修订在即,最近的《食品安全法(修订草案送审稿)》规定了食品安全员资格,但是,我国在食品安全监督员的任职资格、责任等领域仍然需要进一步规定。日本、韩国的食品安全监督员制度比较成熟,可资借鉴;通过对比分析两种不同的制度背景和运作模式,有助于完善我国《食品安全法》中的食品安全员制度。

To cope with food safety risks and further exert the main body responsibility of enterprises, it seems to be an effective measure to establish a system of food safety supervisors within enterprises. Although China has adopted this system in its Food Safety Law enacted in 2009, the provisions are too general to be applied. Currently, the revision of China＇s Food Safety Law is near at hand and Recent Food Safety Law （revised draft for examination） has prescribed the qualification of food safety supervisors. However, the provision still need to be further detailed in that field as well as the responsibility of food safety supervisors. The systems of food safety supervisors in Japan and in Korean are both relatively mature and therefore worth learning. A comparative analysis of the backgrounds and operational models of these two systems will contribute to the improvement of the system of food safety supervisors in our Food Safety Law.