TPP视阈下的食品安全法律问题研究
发布时间：2019-04-22 21:29
【摘要】：随着公众对食品安全要求的提高、新资源食品不断推出以及食源性疾病的大规模爆发(如疯牛病、禽流感等),相关食品安全标准成为近些年来国际社会广泛关注的焦点问题之一,相关国际组织也一直在不断研究、制定符合人类健康利益的各种技术标准和安全标准。与此同时,为防止不安全食品对本国造成危害,各国都依据本国的经济现状、食品科技发展水平、消费者态度等情况制定了程度不同的食品安全贸易保护措施。然而,此类存在差异的措施并未形成统一体系,这就使食品安全贸易措施在国与国之间难以实现有效对接。这种差异增加了进口食品各方面的成本,使其竞争力降低。更为严重的是,一些发达国家以保证食品安全、保护国民健康为名,行保护本国食品及相关产业、建立食品安全贸易壁垒之实。此类情况将给相关贸易出口国家及企业造成难以弥补的损失。问题解决的关键在于实现国际卫生组织以及与食品安全有关的国际机构所制定的具备强制性效力的硬法以及不具备强制性效力的软法之间的协调以及相互促进共同发展。故此,论文主要内容由以下六章构成：第1章在详细梳理食品安全相关概念基础上,以TPP为背景,分析国内食品安全和国际食品安全之间的关系,总结食品安全贸易壁垒对国际贸易的影响,为开展进一步研究奠定基础。第2章归纳总结涉及国际食品安全规制的主要规范,从TBT协议到SPS协议开始分析国际食品规范,并就当下由TPP和TFA等国际热点问题对食品规范所产生的影响进行了概述,进而介绍了发达国家的国际食品贸易制度。通过上述的介绍,提出国际贸易中食品安全法律规制的碎片化的观点,并对涉国际贸易中的食品安全问题的双边规制及区域规制进行了比较分析。进一步验证国际贸易中食品安全法律规制的碎片化的观点。第3章较为全面梳理和总结现行国际贸易中食品安全问题解决机制的状况。包括对GATT一般例外的适用分析和WTO争端解决机制的不足之处的总结,并将其与TPP进行对比。通过对三个案例的分析,就食品安全标准壁垒对国际贸易争端解决的影响提出了新的看法。第4章通过各国国内法的比较,辅以对《国际食品安全法典》及TPP内容的剖析与阐释,介绍了有关国际贸易中食品标准的衔接与冲突问题。第5章以应对TPP挑战为基础,从国际法的角度回应如何适当解决贸易壁垒和应对食品安全规制碎片化的现状,从研究分析中提出了对上述两个问题的解决对策以及国际食品安全标准法律制度的完善建议。第6章从国际标准的完善建议出发,指出国际食品贸易争端解决机制的变革方向,并且从国际视角对我国国内法的完善提出了建议点,在简介我国食品安全标准的立法现状基础上,分析我国食品安全标准存在的问题,对《商品流通法》《食品安全法实施条例(征求意见稿)》的立法提出建议,并综合上述研究内容,提出具体解决对策,以提高我国在食品安全领域的国际话语权。
[Abstract]:With the increase of the public's demand for food safety, the continuous introduction of new resources and the large-scale outbreak of food-borne diseases (such as mad cow disease, bird flu, etc.), the relevant food safety standards have become one of the focus problems of the international community in recent years, Relevant international organizations have been constantly studying and developing various technical standards and safety standards that are in line with the human health benefits. At the same time, in order to prevent the non-safe food from causing harm to the country, all countries have developed different measures of food safety trade based on the state of the country's economy, the level of food and technology development and the attitude of consumers. However, such a difference in measures does not form a uniform system, which makes it difficult for food safety trade measures to interface effectively between countries. This difference increases the cost of the various aspects of the imported food and reduces its competitiveness. It is more serious that some developed countries, in the name of ensuring food safety and protecting the health of their nationals, will be able to protect their food and related industries, and to set up a solid food safety trade barrier. Such cases will cause irreparable damage to the relevant trade-exporting countries and enterprises. The key to the problem is to achieve the coordination between the International Health Organization (WHO) and international institutions related to food safety, as well as a soft law that does not have a mandatory effect, as well as a mutually reinforcing and common development. Therefore, the main content of the thesis is composed of the following six chapters: Chapter 1, based on the detailed analysis of the concept of food safety, analyses the relationship between food safety and international food safety in China, and summarizes the effect of food safety trade barrier on international trade. Lay the foundation for further research. Chapter 2 summarizes the main specifications related to the international food safety regulation, and begins to analyze the international food specification from the TBT agreement to the SPS agreement, and provides an overview of the impact of the international hot issues such as TPP and TFA on the food specification. The international food trade system of developed countries is also introduced. Through the introduction, this paper puts forward the defragmentation of the legal regulation of food safety in international trade, and makes a comparative analysis of the bilateral regulation and the regional regulation of food safety in international trade. Further verification of the defragmentation of the legal regulation of food safety in international trade. Chapter 3 is a comprehensive way of combing and summarizing the situation of food safety problem solving mechanism in the current international trade. This includes a summary of the applicable analysis of the general exceptions of the GATT and the shortcomings of the WTO dispute settlement mechanism, and compares it with the TPP. Through the analysis of the three cases, the paper put forward a new view on the effect of the food safety standard barrier on the international trade dispute settlement. Chapter 4, through the comparison of national domestic law, is supplemented by the analysis and interpretation of the international food safety code and the content of TPP, and introduces the connection and conflict of the food standard in international trade. Chapter 5, based on the challenge of the TPP, responds to the current situation of how to solve the trade barrier properly and to deal with the fragmentation of food safety from the perspective of international law, and puts forward the solution to the above two problems and the perfection of the international food safety standard legal system from the research and analysis. Chapter 6, starting from the improvement of international standards, points out the change direction of the international food trade dispute settlement mechanism, and puts forward some suggestions on the perfection of the domestic law from the international perspective, and on the basis of the introduction of the legislation of the food safety standard in China, This paper analyzes the existing problems of food safety standards in China, puts forward some suggestions on the legislation of the Implementation of the Law on the Circulation of Goods and the Implementation of the Food Safety Law (Draft for Comments), and makes a comprehensive study of the above-mentioned research contents, and puts forward the specific countermeasures to improve the international voice of our country in the field of food safety.
【学位授予单位】：大连海事大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D922.16
，
本文编号：2463209
[Abstract]:With the increase of the public's demand for food safety, the continuous introduction of new resources and the large-scale outbreak of food-borne diseases (such as mad cow disease, bird flu, etc.), the relevant food safety standards have become one of the focus problems of the international community in recent years, Relevant international organizations have been constantly studying and developing various technical standards and safety standards that are in line with the human health benefits. At the same time, in order to prevent the non-safe food from causing harm to the country, all countries have developed different measures of food safety trade based on the state of the country's economy, the level of food and technology development and the attitude of consumers. However, such a difference in measures does not form a uniform system, which makes it difficult for food safety trade measures to interface effectively between countries. This difference increases the cost of the various aspects of the imported food and reduces its competitiveness. It is more serious that some developed countries, in the name of ensuring food safety and protecting the health of their nationals, will be able to protect their food and related industries, and to set up a solid food safety trade barrier. Such cases will cause irreparable damage to the relevant trade-exporting countries and enterprises. The key to the problem is to achieve the coordination between the International Health Organization (WHO) and international institutions related to food safety, as well as a soft law that does not have a mandatory effect, as well as a mutually reinforcing and common development. Therefore, the main content of the thesis is composed of the following six chapters: Chapter 1, based on the detailed analysis of the concept of food safety, analyses the relationship between food safety and international food safety in China, and summarizes the effect of food safety trade barrier on international trade. Lay the foundation for further research. Chapter 2 summarizes the main specifications related to the international food safety regulation, and begins to analyze the international food specification from the TBT agreement to the SPS agreement, and provides an overview of the impact of the international hot issues such as TPP and TFA on the food specification. The international food trade system of developed countries is also introduced. Through the introduction, this paper puts forward the defragmentation of the legal regulation of food safety in international trade, and makes a comparative analysis of the bilateral regulation and the regional regulation of food safety in international trade. Further verification of the defragmentation of the legal regulation of food safety in international trade. Chapter 3 is a comprehensive way of combing and summarizing the situation of food safety problem solving mechanism in the current international trade. This includes a summary of the applicable analysis of the general exceptions of the GATT and the shortcomings of the WTO dispute settlement mechanism, and compares it with the TPP. Through the analysis of the three cases, the paper put forward a new view on the effect of the food safety standard barrier on the international trade dispute settlement. Chapter 4, through the comparison of national domestic law, is supplemented by the analysis and interpretation of the international food safety code and the content of TPP, and introduces the connection and conflict of the food standard in international trade. Chapter 5, based on the challenge of the TPP, responds to the current situation of how to solve the trade barrier properly and to deal with the fragmentation of food safety from the perspective of international law, and puts forward the solution to the above two problems and the perfection of the international food safety standard legal system from the research and analysis. Chapter 6, starting from the improvement of international standards, points out the change direction of the international food trade dispute settlement mechanism, and puts forward some suggestions on the perfection of the domestic law from the international perspective, and on the basis of the introduction of the legislation of the food safety standard in China, This paper analyzes the existing problems of food safety standards in China, puts forward some suggestions on the legislation of the Implementation of the Law on the Circulation of Goods and the Implementation of the Food Safety Law (Draft for Comments), and makes a comprehensive study of the above-mentioned research contents, and puts forward the specific countermeasures to improve the international voice of our country in the field of food safety.
【学位授予单位】：大连海事大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D922.16
，
本文编号：2463209
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