食品安全监管国际软法变革论——食品安全全球治理的视角

Transformation of International Soft Law on Food Safety Supervision :Demands,Barriers and Outlets——From the Perspective of Global Governance on Food Safety

食品安全监管国际软法因能弥补相关硬法的缺陷,而为国际社会所关注和重视,并成为食品安全监管领域的主要治理形式。现有的食品安全监管国际软法在监管标准、主体、方式和路径等方面均无法达到食品安全全球治理的期待和要求,亟需变革。由于软法的作用和效力仍存有争议,且不同国家的利益差异较为明显,其变革之路必将困难重重。在人权规则的持续发展和南南合作与区域合作的深入推动下,食品安全监管国际软法的变革方向逐渐明晰,或将在理念、制定和实施上有所革新。中国已经开始探索并明确了食品安全监管国际软法的国内转化路径及其范围与重点,在全球治理的框架下,为了食品安全国际法治的早日实现,建议进一步提升食品安全治理水平并扩大国际影响力。

The international soft taw on food safety supervision,which can make up for the defects of the relevant hard law,has become the main form of governance in the field of food safety supervision. However,the existing international soft law on food safety supervision fails to meet the expectations and requirements of global governance on food safety in terms of supervisory standards, subjects, methods and approaches, which calls for the transformation. As the role and effectiveness of soft law is still controversial, and the interests of different countries are obviously different,the way to transform is bound to be beset with difficulties. Nevertheless ,with the continuous development of human rights rules and the further deepening of south-south cooperation and regional cooperation, the direction of the transformation of international soft law on food safety supervision has become clear,which will possibly be innovated in concept,formulation and implementation. Even thought China has started to explore and clarify the domestic transition path, scope and focus of international soft law on food safety supervision, it is still suggested to further improve China＇s level of food safety governance and expand its international influence for the early realization of international rule of law on food safety, under the framework of global governance.