从分散到综合:英国1872年食品、饮料和药品修正案法的由来和影响

From Dispersion to Synthesis: The Origin and Influence of the Food, Drink and Drugs Amendment Act of 1872 in England

1872年,英国议会通过了食品、饮料和药品修正案,这是英国历史上第一部将食品和药品放在一起管理的法律。这部法律的通过是由多方面的因素促成的,它继承了1860年反食品掺假法和1868年制药法的原则,加大了对违法行为的处罚力度,进一步明确了执法者的责任,并且使该法的执行具有一定的强制性。1872年法虽然有一些缺陷,导致执行效果不佳,但王座法院根据该法作出的判决却赋予了它新的含义,确立了食品领域的过错推定责任原则,初步改变了英国已经存在了数百年的司法观念。

In 1872,the British Parliament passed the Food, Drink and Drugs Amendment which is the first law in British history to regulate food and drugs together. A number of factors contributes to the passage of the Act of 1872 which inherits the principles of the Food and Drink Adulteration Prevention Act of 1860 and the Pharmacy Act of 1868. It had increased penalties for violations of the law, further clarified the responsibilities of enforcers and made the enforcement of the act mandatory. Although there are some defects in the Act of 1872,which leads to poor implementation effects, the judgement made by the Court of Queen’s Bench based on the act gave it new meaning, that was to establish the principle of presumption of fault liability in the food field, and initially changed the concept of justice that had existed in Britain for hundreds of years.