食品安全法規範中刑事訴究之應然與實然──以美國為例【本期企劃】 試閱
Food Safety Law and Criminal Prosecution－ A Theoretical and Practical Analysis Through the U.S. Experiences
臺灣食品安全衛生管理法歷經數次修法後係「修正」抑或是「修惡」？臺灣學者基於對違反食品安全法應否施以刑罰之質疑而各持有肯否之不同立場。在此爭議中，美國食品安全相關法制常被引用作為與臺灣比較之立法例，為了更真實了解美國食品安全系統中對於「行政」與「刑事」間的現況，本文將更深入地爬梳美國相關法制之沿革、發展與實務運作，以期能提供臺灣食品安全體系更廣闊之比較法視野。
The Taiwanese Act Governing Food Safety and Sanitation was amended several times since 2014. However, issues regarding whether these amendments brought the Taiwanese food safety system a better legislative scheme are still controversial. Within these unsolved issues, what role the criminal deterrence would play under the Taiwanese food-safety law system became the main one while many Taiwanese scholars applied the U.S. experiences but reached both pro and con results. In order to clarify the reality under the U.S. food-safety law system and introduce its dilemma between the choices of administrative compliance-based and the choices of criminal-deterrence-based policy, this article will briefly introduce the origins and developments of the U.S. food safety law and further explore and analyze its practical results after two main laws─the Federal Food, Drag, and Cosmetic Act and the Food Safty Modernization Act─were enacted into its food safety system.
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