基于政府事前控制视角解读食品安全法的实施与监管

Interpretation of implementation and supervision of food safety law based on the perspective of government control in advance

食品安全问题关系到居民的身体健康,影响消费者对政府的信任,对社会稳定与国家安全建设有一定阻碍。特别是对于食品生产规模和消费需求巨大的中国,因此应当注重事前防范与相关法案的审批,这也成为了食品安全预防体系建设与加快完善的前提。本文着重以食品安全预防体系建立作为目标层,基于现行食品安全法的出台及应用实际,简要概述与分析既往政府事前审批的固有缺陷。结果表明,事前审批与事前防控之间存留一种隔阂,存在这种隔阂的原因是食品安全管理及其体系建设是一个动态的全局活动。市场监管的效力之所以严重滞后于早期的审批与执行操作,相当程度上是源于多元管理的弊端,从而造成管辖权混乱、体系运行效率低下、监管成本远高出预期。

Objective Food safety concerns the health of the residents, influences the trust of the consumers to the government, and there are certain obstacles to social stability and national security construction.. Especially for the huge scale of food production and huge consumption demand in China, it should be paid attention to advance prevention and approval of relevant bills, which has also become the basic premise for the construction and improvement of food safety prevention system. Therefore, this article focused on the establishment of food safety prevention system as the target level. Based on the introduction and application of the current food safety law, this paper briefly summarized and analyzed the inherent defects of previous government approval. The results showed that there was a gap between prior approval and prevention and control, because food safety management and its system construction was a dynamic global activity. The effectiveness of market supervision was lagging behind the early approval and enforcement operation. The effectiveness of market regulation was lagging behind the early approval and enforcement operation. It is due to the malpractice of multiple management to a large extent, resulting in confusion of jurisdiction, inefficient operation of the system, and high regulatory cost.