转基因食品标识制度法律研究
发布时间：2018-09-07 19:58
【摘要】：随着科技的进步,转基因技术已经走出实验室,走向了人们的生活,越来越多的转基因食品占领了我们的餐桌,但由于其安全的不确定性,消费者对其一直持怀疑态度,基于此,完善转基因食品标识制度,给予消费者充分完整的知情权,让消费者能够自主选择便显得尤为重要,论文共分为三个部分； 第一部分,论述建立转基因食品标识制度的必要性,在这个问题上主要简述其理论基础及转基因食品本身的特殊性。在理论方面,分成两部分,一是国家干预理论,由亚当·斯密的“看不见的手”到凯恩斯的国家干预论,从西方经典的经济学理论写起,阐述国家对市场干预的必要性。再联系我国转基因食品的实际情况,从政府是制定转基因食品安全评价体系的主体及政府是构建转基因食品监管体系的主体两个角度来分别论述；二是弱势群体保护理论,从消费者相对于生产者及销售者是弱势地位论起,主要谈了信息不对称的现状需要对转基因食品进行标识,从而保障消费者的知情权。在转基因食品本身特殊性上,论文从转基因食品安全的不确定性着手,重点对其生态环境、生物多样性到过敏性和毒性等方面做了分析。 第二部分,分析我国转基因食品标识制度的立法现状,将近年来关于转基因食品的相关法条做以归纳整理,并从中总结出我国在该领域中存在的法律问题,如标识监管主体混乱,“九龙治水”导致群龙无首；标识的管理不到位,没有统一的标准；区别于传统食品的安全评价体系及技术检测制度有待完善和事后补救措施欠缺等。 第三部分提出了完善我国转基因食品标识的具体法律建议,即针对上述发现的问题提出对应的意见与建议,如要明确监管主体、健全标识规范、健全转基因食品安全评价及检测体系和建立转基因食品基金制度等,并从行政责任及民事责任上提出要明确违反转基因食品标识义务的法律责任。 希望通过对该问题的研究,找到合理的解决方案,使我国的转基因食品市场步入正轨,让百姓体会到科技所带来的成果及法律提供的保障,让转基因技术真正造福于民。
[Abstract]:With the progress of science and technology, GM technology has gone out of the laboratory to people's lives, and more GM food has occupied our dining table, but because of the uncertainty of its safety, consumers have been skeptical about it. Based on this, it is very important to perfect the labeling system of genetically modified food, give consumers the right to know fully and completely, and let consumers choose independently. The thesis is divided into three parts: the first part, This paper discusses the necessity of establishing the labeling system of genetically modified food, and mainly describes its theoretical basis and particularity of transgenic food itself. In theory, it is divided into two parts, one is the theory of state intervention, from Adam Smith's "invisible hand" to Keynes's theory of state intervention, from the western classical economic theory to explain the necessity of state intervention in the market. From the point of view that the government is the main body to establish the GM food safety evaluation system and the government is the main body to construct the GM food supervision system, the second is the theory of the protection of vulnerable groups. From the point of view of the weak position of consumers relative to producers and sellers, this paper mainly talks about the status quo of information asymmetry which needs to label genetically modified foods to protect consumers' right to know. On the particularity of transgenic food itself, the paper analyzes its ecological environment, biodiversity, allergies and toxicity from the uncertainty of safety of transgenic food. In the second part, the author analyzes the legislative status of the labeling system of transgenic food in China, summarizes the relevant laws and regulations on GM food in recent years, and summarizes the legal problems in this field. For example, the confusion of the main body of marking supervision, "Jiulong water control" leads to no leader; the management of the logo is not in place and there is no unified standard; the safety evaluation system and the technical inspection system, which are different from the traditional food, need to be perfected and the remedial measures after the event are lacking, and so on. The third part puts forward specific legal suggestions to improve the labeling of genetically modified food in China, that is, to put forward corresponding opinions and suggestions to the above problems, such as to make clear the main body of supervision, perfect the marking standard, The safety evaluation and detection system of genetically modified food and the establishment of fund system for genetically modified food were established, and the legal liability of violating the labeling obligation of genetically modified food was put forward from the aspects of administrative liability and civil liability. Through the research of this problem, we hope to find a reasonable solution to this problem, to make the GM food market in our country on the right track, to let the people realize the achievements brought by science and technology and the protection provided by the law, and to make the GMO technology really benefit the people.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.16;D922.294
本文编号：2229267
[Abstract]:With the progress of science and technology, GM technology has gone out of the laboratory to people's lives, and more GM food has occupied our dining table, but because of the uncertainty of its safety, consumers have been skeptical about it. Based on this, it is very important to perfect the labeling system of genetically modified food, give consumers the right to know fully and completely, and let consumers choose independently. The thesis is divided into three parts: the first part, This paper discusses the necessity of establishing the labeling system of genetically modified food, and mainly describes its theoretical basis and particularity of transgenic food itself. In theory, it is divided into two parts, one is the theory of state intervention, from Adam Smith's "invisible hand" to Keynes's theory of state intervention, from the western classical economic theory to explain the necessity of state intervention in the market. From the point of view that the government is the main body to establish the GM food safety evaluation system and the government is the main body to construct the GM food supervision system, the second is the theory of the protection of vulnerable groups. From the point of view of the weak position of consumers relative to producers and sellers, this paper mainly talks about the status quo of information asymmetry which needs to label genetically modified foods to protect consumers' right to know. On the particularity of transgenic food itself, the paper analyzes its ecological environment, biodiversity, allergies and toxicity from the uncertainty of safety of transgenic food. In the second part, the author analyzes the legislative status of the labeling system of transgenic food in China, summarizes the relevant laws and regulations on GM food in recent years, and summarizes the legal problems in this field. For example, the confusion of the main body of marking supervision, "Jiulong water control" leads to no leader; the management of the logo is not in place and there is no unified standard; the safety evaluation system and the technical inspection system, which are different from the traditional food, need to be perfected and the remedial measures after the event are lacking, and so on. The third part puts forward specific legal suggestions to improve the labeling of genetically modified food in China, that is, to put forward corresponding opinions and suggestions to the above problems, such as to make clear the main body of supervision, perfect the marking standard, The safety evaluation and detection system of genetically modified food and the establishment of fund system for genetically modified food were established, and the legal liability of violating the labeling obligation of genetically modified food was put forward from the aspects of administrative liability and civil liability. Through the research of this problem, we hope to find a reasonable solution to this problem, to make the GM food market in our country on the right track, to let the people realize the achievements brought by science and technology and the protection provided by the law, and to make the GMO technology really benefit the people.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.16;D922.294
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