食品安全风险警示的行政法问题

Administrative Law on Food Safety Risk Warning

食品安全风险警示是一种重要的风险预警机制。消费警示、风险公告与食品安全风险警示之间是竞合关系而非差异概念,它们在法律属性上均具有复合性。某一特定食品安全风险警示的法律属性应依据行政行为理论并结合警示行为的具体情况判定。食品安全风险警示制度的良性运行应以法治为依托,在行政立法领域要完善配套立法、实现不确定性法律概念的具体化、消解立法冲突;在执行领域应有效消除食品安全风险警示的实施障碍,即合理平衡价值冲突、确立"一物一权"的品种专属管理模式、尽可能地突破技术限制以及合理界分技术责任和法律责任。

The food safety risk warming is an important risk early-warning mechanism. As consumer warning, risk announcement and food safety risk warming all possess complex legal attributes, and they have a relationship of competition and cooperation rather than being completely different. A cer- tain food safety risk warning＇ s legal attribute should be determined by the administrative behavior the- ory as well as the specific situation of warning. The good operation of the food safety risk warming mechanism relies on rule of law, and also, perfect interrelated laws, materialize uncertainty law con- cept and resolve legislation conflicts in the field of administrative legislation. In the filed of execution, obstacles of implementing the food safety risk warming are supposed to be eliminated effectively, which means to balance value conflict reasonably, establish the exclusive management mode of ＂one property one right＂, break technical limitations, as far as possible, and differentiate technical respon- sibility and legal liability legitimately.