从规制合规迈向合作规制:以食品安全规制为例

From Regulatory Compliance Towards Co-regulation: the Case of Food Safety Regulation

食品安全法制体系的建立健全使得食品安全法治的重点转向法律实施,如守法和执法。其中,食品安全法律要求的不断趋严,使得食品生产经营者日益重视有助于履行法定义务要求的规制合规,并出现了服从性合规、竞争性合规、外生性合规、内生性合规、象征性合规和创造性合规等不同选择。鉴于此,规制者以合规导向的执法替代威慑导向的执法,并由此促进了合作规制的发展。然而,如何回应不同的合规选择和促进规制者和被规制者之间的合作,依旧有赖于规制者构建风险交流、责任约谈、精准普法等促进彼此交流法律认知和分享信息的支持性制度和改进许可、标准等工具适用中的单向且刚性要求。

After a sound food safety legal system has been established, putting laws into practice has become a priority, as in the case of compliance and enforcement.Due to the increasingly strict requirements of food safety laws, food producers and distributors are paying more and more attention to the regulatory compliance,which is contributing to fulfilling the statutory obligations.As a result, there are different strategies of compliance, such as obedient compliance, competitive compliance, exogenous compliance, endogenous compliance, symbolic compliance and creative compliance.In view of this, regulator has shifted from deterrence-oriented law enforcement to compliance-oriented law enforcement,and thus promoted co-regulation.However, how to respond to different compliance choices and promote the co-regulation between regulator-regulatee still rely on the regulators to build the supportive institutions like risk communication, persuasion for obligation fulfillment and smart law education for the sake of legal dialogue and information sharing, and to reform one-way and rigid requirement in the application of regulatory tools like licenses and standards.