美国纯净食品药物的联邦立法之路（1906-1962）
发布时间：2018-09-10 20:21
【摘要】： 本文从历史视角入手,考察了美国近半个世纪联邦政府纯净食品药物立法和管制的过程,侧重考察立法过程中的政治因素、人文因素和社会因素,从中也探索了美国各个历史时期的政治文化特征。 美国联邦政府食品药物立法和管制政策演变的轨迹,直接反映了美国国家与社会、政府与行业关系的历史进程。由于每个时代的历史背景和执政党施政纲领的不同,美国联邦政府对纯净食品药物干预范围和程度也处于不断的变化之中,但也可以直观的看到管制现象背后,起作用的却是美国不同时期的物质发展水平,以及国民自我保护意识的普遍觉醒与不断加强,然而联邦法律始终是政府食品药物管制的前提和基础。 本文主要分为绪言、正文、结语三部分,绪言部分介绍了文章选题缘起,概述了国内外学界对美国食品医药所做的相关研究,在现有研究成果的基础上提出自己的写作思路。本文的正文部分:第一章以历史回顾的形式对1900年前的食品药品掺假状况、出现的原因以及地方各州政府的管制状况进行了介绍,重点考察1900年前掺假伪标出现的原因,本章也是整篇论文的铺垫;第二章是本文的重点,重点考察了美国食品医药管制的第一部联邦立法——1906年纯净食品饮料药物法通过的时代背景和社会因素,说明了在进步主义运动下出现的1906年法既是美国普通民众开展纯净食品运动的成果,更是联邦政府逐渐介入食品药物管制和干预社会经济的开始,符合时代和历史发展要求,并对其主要内容及历史意义进行了分析;第三章联邦食品、药物和化妆品法,重点介绍了20世纪30年代在新政的背景下,美国扩大政府干预,从而给1938年法的出台提供了一个良好的社会背景,并对1938年法通过的过程、内容以及历史意义作了考察;第四章1962年科沃夫——哈里斯修正案,重点介绍该修正案通过的时代背景和历史意义。最后是结语部分,围绕三个法案进行了概括性论述,并总结了联邦立法的价值以及从中得到的经验和教训。
[Abstract]:From the perspective of history, this paper examines the process of legislation and control of pure food and drugs in the United States for nearly half a century, focusing on the political, human and social factors in the legislative process. It also explores the political and cultural characteristics of each historical period in the United States. The evolution of the federal food and drug legislation and control policy in the United States directly reflects the historical process of the relationship between the state and society, government and industry in the United States. As a result of the historical background of each era and the difference of the ruling party's policy agenda, the scope and extent of the federal government's intervention in pure food and drugs are also constantly changing, but it can also be seen intuitively behind the phenomenon of regulation. But it is the level of material development in different periods of the United States and the general awakening and strengthening of the national self-protection consciousness. However, the federal law is always the premise and foundation of the government's food and drug control. This paper is divided into three parts: preface, text and conclusion. The preface introduces the origin of the topic, summarizes the related research on American food and medicine in domestic and foreign academic circles, and puts forward its own writing ideas on the basis of the existing research results. The first chapter introduces the adulteration of food and drugs before 1900, the reasons and the control situation of the local governments, focusing on the reasons for the emergence of adulterated labels before 1900, the first chapter of the text of this paper introduces the situation of food and drug adulteration before 1900, as well as the reasons of the local governments' control. The second chapter is the focus of this paper, which focuses on the background and social factors of the passage of the first federal legislation on the regulation of food, medicine and food, the pure food, beverage and drugs of 1906 in the United States. It shows that the 1906 law, which appeared under the progressive movement, is not only the result of the pure food movement by ordinary Americans, but also the beginning of the federal government's intervention in food and drug control and social economy, which meets the requirements of the times and historical development. Chapter three, Federal Food, Drug and Cosmetics Act, focuses on the expansion of American government intervention in the context of the New deal in the 1930s. It provides a good social background for the promulgation of the 1938 law, and investigates the process, content and historical significance of the adoption of the 1938 law. This paper mainly introduces the background and historical significance of the amendment. The last part is the conclusion, which focuses on the three bills and summarizes the value of the federal legislation and the experience and lessons learned from it.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D971.2;DD912.1
[Abstract]:From the perspective of history, this paper examines the process of legislation and control of pure food and drugs in the United States for nearly half a century, focusing on the political, human and social factors in the legislative process. It also explores the political and cultural characteristics of each historical period in the United States. The evolution of the federal food and drug legislation and control policy in the United States directly reflects the historical process of the relationship between the state and society, government and industry in the United States. As a result of the historical background of each era and the difference of the ruling party's policy agenda, the scope and extent of the federal government's intervention in pure food and drugs are also constantly changing, but it can also be seen intuitively behind the phenomenon of regulation. But it is the level of material development in different periods of the United States and the general awakening and strengthening of the national self-protection consciousness. However, the federal law is always the premise and foundation of the government's food and drug control. This paper is divided into three parts: preface, text and conclusion. The preface introduces the origin of the topic, summarizes the related research on American food and medicine in domestic and foreign academic circles, and puts forward its own writing ideas on the basis of the existing research results. The first chapter introduces the adulteration of food and drugs before 1900, the reasons and the control situation of the local governments, focusing on the reasons for the emergence of adulterated labels before 1900, the first chapter of the text of this paper introduces the situation of food and drug adulteration before 1900, as well as the reasons of the local governments' control. The second chapter is the focus of this paper, which focuses on the background and social factors of the passage of the first federal legislation on the regulation of food, medicine and food, the pure food, beverage and drugs of 1906 in the United States. It shows that the 1906 law, which appeared under the progressive movement, is not only the result of the pure food movement by ordinary Americans, but also the beginning of the federal government's intervention in food and drug control and social economy, which meets the requirements of the times and historical development. Chapter three, Federal Food, Drug and Cosmetics Act, focuses on the expansion of American government intervention in the context of the New deal in the 1930s. It provides a good social background for the promulgation of the 1938 law, and investigates the process, content and historical significance of the adoption of the 1938 law. This paper mainly introduces the background and historical significance of the amendment. The last part is the conclusion, which focuses on the three bills and summarizes the value of the federal legislation and the experience and lessons learned from it.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D971.2;DD912.1
【引证文献】
相关期刊论文 前3条
1 寇谦;;浅议食品安全监管渎职罪及其相关问题[J];法制与社会;2011年32期
2 毛s，
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