食品企业作为《食品安全法》私人实施主体的诉权探析

Analysis of the Litigation Right of the Food Company as the Subject of Implementation of the Food Safety Law

食品安全问题的产生是由多种因素引起的,其解决也具有相当的复杂性,食品安全的良好环境的实现依然任重道远。政府监管部门作为我国《食品安全法》实施的权力主体,主要通过对食品生产、加工等过程的监管来实现法的实施,保障食品安全,其在监管过程中也存在监管不到位的不利因素,食品安全依然难以彻底实现。因此必须探索出携手私人主体共同实施《食品安全法》的路径,通过私人主体的诉讼,尤其是充分利用食品企业具有的举证优势地位,起诉不安全食品生产经营主体,发挥其积极性,以与监管主体共同促进《食品安全法》的良性运行。

The problem of food safety is caused by many factors, and its solution is also quite complex. Therefore, realizing a good environment of food safety still has a long way to go. Government regulators as the main power body for the implementation of the China＇ s food safety law, achieve the implementation of the law to ensure the safety of food through supervising and managing the food production, processing and other aspects.In the regulatory process there are still some unfavorable factors, food safety still difficult to completely realize. Therefore, we must explore the path of relying on the private to jointly implement the food safety law. Through private litigation, especially the full use of food enterprises advantages of proof in the litigation of unsafe food production with its enthusiasm to harmoniously promote the implementation of the China＇ s food safety law with the government regulators.