论我国食品安全监管立法的主要问题及其对策

发布时间：2019-01-19 13:58

【摘要】：民以食为天,食以安全为前提。然而,我国食品安全问题日益严峻,严重影响了广大人民群众的生命健康,破坏了人们对党和政府以及法律的信任。导致这一问题的原因很多,但食品安全监管立法存在严重瑕疵是其中的主要原因之一。在我国,食品安全事件可谓层出不穷,形势一年比一年更加严峻,对人民群众生命健康、社会经济秩序和国家形象都产生了巨大的恶劣影响。对此,党和国家高度重视,不断采取整改措施、加大惩处力度,力争保证人民群众食品安全；普通群众和社会媒体对此关注愈加密切,对食品安全事件深恶痛绝。但是,整个食品安全形势仍然没有大的改观,甚至一些曾经暴露出来的安全隐患一次又一次的卷土重来,愈演愈烈。对此,相关的监管部门、社会监督媒体和每一个有责任感的法律人都应该进行深刻的反思,我们的食品安全监管工作的出路究竟在哪里? 本文怀着对食品安全形势的深深忧虑,展开了对我国食品安全监管的全面反思,在此基础上试图提出一些关于完善食品安全监管、改善食品安全形势的合理化建议。本文认为当前监管立法存在的问题主要有：监管体制不健全、监管法律制度不完善、食品安全监管立法理念存在不足等。因此,为了解决上述问题,应从如下几个方面入手：完善我国食品安全监管体制,健全食品安全监管法律体系,树立食品安全监管科学理念。全文共分为四个部分。第一,对近年来的一些重大典型食品安全事故进行梳理,分析我国当前食品安全的严峻形势,引入本文的研究；第二,对食品安全监管的基本概念、理论基础、基本模式和基本趋势等基础理论进行剖析和阐明;第三,具体分析我国的食品安全监管体制和监管法律体系,指出其中典型的不足和缺陷；第四,基于食品安全监管的基本理论,结合本文第三部分的具体分析,提出关于改善我国食品安全监管的合理化建议。
[Abstract]:The people take the food for the day, and the food is safe for the premise. However, the problem of food safety in China is becoming more and more serious, which has seriously affected the lives and health of the people, and destroyed people's trust in the Party and the government and the law. The cause of this problem is a lot, but there are serious flaws in the legislation of food safety supervision, one of which is one of the main reasons. in our country, that security incident of the food is an endless stream, the situation is more severe one year than a year, and the health of the people, the social and economic order and the national image have a great influence on the people's life. In this regard, the Party and the State have attached great importance to the continuous adoption of rectification measures to increase the punishment, and strive to ensure the food safety of the people. The general public and the social media have become more and more concerned about the food security incident. However, the whole food safety situation has not changed greatly, even some of the potential safety hazards that have been exposed once again and again, become more and more intense. In this regard, relevant regulatory authorities, social supervision media and every legal person with a sense of responsibility should reflect deeply, where is our food safety supervision work? With the deep concern of the food safety situation, this paper has carried out a comprehensive reflection on the food safety supervision of our country, and on this basis, we try to put forward some rational construction of improving the food safety supervision and improving the food safety situation. In this paper, the main problems in the current regulatory legislation are as follows: the supervision system is not perfect, the legal system of supervision is not perfect, and the legislation idea of food safety supervision is not enough Therefore, in order to solve the above problems, we should start with the following aspects: to perfect the food safety supervision system of our country, to improve the legal system of food safety supervision and to set up a scientific basis for food safety supervision Read. The full text is divided into four. First, to sort out some of the major typical food safety accidents in recent years, to analyze the severe situation of the current food safety in our country, and to introduce the research of this paper; and secondly, the basic concepts and principles of food safety supervision On the basis of the basic theories of the basic, basic and basic trends, the paper analyzes and expounds the basic theories of the basic, basic and basic trends, and the third, analyses the system of food safety supervision and the legal system in our country, points out the typical defects and defects, and the fourth, based on the basis of the food safety supervision. Based on the analysis of the third part of this paper, this paper puts forward some reasonable suggestions to improve the supervision of food safety in China.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.16

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