食安風險規範的基本說明──以行政管制為核心【本期企劃】 試閱
Introduction to Risk Regulation for Food Safety: The Overall Review of the Existing System of the Administrative Regulation
食品安全是近來年大眾所關切的重要議題，但食安新聞事件的熱度，往往左右了人民對於議題持續關注的力道。而在法律研究領域的層次上，面對現今之風險社會，就食品安全風險規範體系的建立，除了回應憲法上對於人民健康與生存之基本權應有的保障外，更應在法律規範的應然面與實然面上，能有清楚的認識。亦即，以行政管制作為食安風險控管的手段，其規範的基礎與體系應如何建構？既有的法規範是否已能充分回應食品安全維護的需要？因此，掌握食品安全風險規範的內容，自然是在問題回應與批判前之前提要件，而這即是本篇所欲嘗試說明的主題。
The food safety issue is one of the main concerns the public have in recent years. However, it is easy for the public to distract their attention when the media changes its focus on some other issues. For the legal academic study, especially facing the so-called risk society, regarding the solid establishment of the legal structure that should be funded, in addition to the security of the rights to health and life, we shall understand what the basic legal framework and system are supposed to be, which is the prerequisite for the administrative regulations of the food safety to be established. Moreover, we also need to know whether or how, if possible, the existing regulations can carry out the realization of food safety. In sum, for truly realizing and before further criticizing, we must comprehend what risk assessment, risk management, and risk communication are, which would be the main idea and subject in this paper.
032-045
