我国农产品质量安全监管法律制度研究

发布时间：2018-04-25 18:32

本文选题：农产品 + 质量安全　；参考：《山东大学》2017年硕士论文

【摘要】：民以食为天,食以安为先。城乡居民的主要食物来自于农产品。加强农产品质量安全监管,可能确保广大百姓饮食质量,确保城乡居民合法权益,维护正常的农产品市场经济秩序,扩大农产品的进出口贸易,推动农业经济结构调整和现代农业的发展。近年来,"毒草莓"、"毒豆芽"等农产品质量安全问题接连出现,与之相关的质量安全监督管理工作受到社会各界的广泛关注。出现农产品质量安全监督管理问题的原因是复杂的,即有不法经营者的追求利润的原因,也有农户分散经营的原因,但还有一个十分关键的因素就是法律制度的不健全甚至缺失。所以,建立健全农产品质量安全法律制度,具有十分重要和紧迫的现实意义。农产品是指在传统农业生产、渔业活动及畜禽养殖业等过程中,直接得到的产品,以及经过简单处理的产品。农产品质量安全具有隐藏性、延迟性和相对性的特点,受生产者、消费者、监管者、产地环境、农药管理和法律制度等主观客观因素影响。产品质量安全法律法规,是质量安全监管的基础,具有不可替代的保障作用和引领规范作用。近年来,我国以《农产品质量安全法》为核心,建立了相对完善的质量监管法律制度,执法监管体制不断健全,农业标准化建设不断推进,基本形成检验检测体系,提高了执法监管水平。但是,还有一些差距和不足,主要是《农产品质量安全法》还不够健全和完善,执法监管还比较混乱,质量安全的认证制度和信息制度还不完善,法律责任制度还存在缺陷,公正司法需要加强,社会共治体系没有形成,等等。以欧盟、美国、日本等国家为典型代表,考察其完善农产品质量安全法律制度的经验做法。通过实证分析,概括出对我国执法监管的启示及经验,即要有完善的农产品质量安全立法制度、质量监管执法体系、质量安全司法制度、质量安全守法制度。结合理论分析和实证分析,确定了完善农产品质量安全法律制度路径。首先,完善监管立法体系,及时修订《农产品质量安全法》,加强与其他法律法规的衔接,完善相关法律配套建设,完善标准化生产制度,等等。第二,建立执法责任落实制度,强化各部门的工作合力,加强基层监管体系建设,建立精准化执法监管制度,建立质量检查预警制度,完善检验监测体系。第三,完善相关司法机制,建立相关简易诉讼程序,提高其司法公正性,扩大受害者救济途径;第四,完善农产品质量安全监管守法体系,提高各界安全意识,培育第三方独立检测机构,有效保障监督管理水平的提升。
[Abstract]:The people take food as the day, and food takes peace as the first. The main food of urban and rural residents comes from agricultural products. Strengthening supervision over the quality and safety of agricultural products may ensure the food quality of the masses of the people, ensure the legitimate rights and interests of urban and rural residents, safeguard the normal order of the market economy for agricultural products, and expand the import and export trade of agricultural products. To promote agricultural economic restructuring and the development of modern agriculture. In recent years, "poisonous strawberry", "toxic bean sprouts" and other agricultural products quality and safety problems have emerged, and the related quality and safety supervision and management work has been widely concerned by all walks of life. The reasons for the problem of quality and safety supervision and management of agricultural products are complex, that is, there are reasons for illegal operators to pursue profits, and there are also reasons for farmers to disperse their operations. But there is also a very key factor is that the legal system is not perfect or even lack. Therefore, it is very important and urgent to establish and perfect the legal system of agricultural product quality and safety. Agricultural products refer to the products directly obtained in the process of traditional agricultural production, fishery activities and livestock and poultry breeding, as well as the products treated simply. The quality and safety of agricultural products have the characteristics of concealment, delay and relativity, which are influenced by the subjective and objective factors, such as producer, consumer, supervisor, environment of producing area, pesticide management and legal system, etc. Product quality and safety laws and regulations are the basis of quality and safety supervision. In recent years, China has set up a relatively perfect legal system of quality supervision with the "Law on quality and Safety of Agricultural products" as the core, the system of law enforcement and supervision has been continuously improved, the construction of agricultural standardization has been continuously promoted, and a system of inspection and inspection has been basically formed. The level of law enforcement and supervision has been improved. However, there are still some gaps and shortcomings, mainly because the Law on quality and Safety of Agricultural products is not perfect and perfect, the supervision of law enforcement is still quite chaotic, the certification system and information system of quality and safety are not perfect, and the legal liability system still has defects. Just justice needs to be strengthened, social co-rule system has not been formed, and so on. Taking the European Union, the United States, Japan and other countries as typical representatives, the experience and practice of perfecting the legal system of agricultural product quality and safety are investigated. Through empirical analysis, this paper summarizes the enlightenment and experience of law enforcement and supervision in China, that is, there should be perfect legislation system of agricultural product quality and safety, quality supervision and enforcement system, quality safety judicial system and quality safety law-abiding system. Combined with theoretical analysis and empirical analysis, this paper determines the way to perfect the legal system of agricultural product quality and safety. First of all, we should perfect the regulatory legislation system, amend the quality and Safety of Agricultural products Law in time, strengthen the link with other laws and regulations, perfect the related laws and regulations, perfect the standardized production system, and so on. Second, we should establish the enforcement responsibility system, strengthen the joint efforts of various departments, strengthen the construction of the grass-roots supervision system, establish the precision law enforcement supervision system, establish the quality inspection and early warning system, and improve the inspection and monitoring system. Third, improve the relevant judicial mechanism, establish relevant summary proceedings, improve its judicial fairness, expand the way of victim relief; fourth, improve the quality and safety supervision and law-abiding system of agricultural products, improve the safety awareness of all walks of life, Cultivate third-party independent testing institutions to effectively safeguard the level of supervision and management.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F322

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