摘要
转基因食品标识法律制度以消费者保护理论、信息不对称理论、风险社会理论和弱势群体理论为基石,其对转基因食品法律体系的健全和转基因产业安全的维护重要意义不言而喻。当前,转基因食品标识法律制度中规范依据不统一、监管部门职责冲突、标识内容和形式缺乏可操作性等现实问题已对该制度完善提出迫切需求。在坚持风险可控原则、知情保障原则、适合情势原则和理性主义原则的基础上,从具体措施层面对健全转基因食品标识法律制度提出切实可行的建议是当务之急。明确法律规范、厘清监管机制是建构制度的前提,统一标识形式、引入阈值规定、设立可溯标识是制度内容优化的体现,强化法律责任和适用公益诉讼是推进制度落实的保障。
The genetically modified food labeling system is based on consumer protection theory, information asymmetry theory, risk society theory and vulnerable people theory. The system is of vital importance to perfect the genetically modified food legal system and maintain the safety of the genetically modified industry. Currently, the non-uniformity of legal basis, the conflict of responsibilities among administration departments and the lack of practicality in labeling contents and forms have already become the main problems which need to be solved immediately for the purpose of perfecting the system. Under the guidance of the principle of risk control, principle of protecting consumers' right to know, principle of situational suitability and principle of rationalism,it is urgent to give practical advice on the perfection of the genetically modified food labeling system from the level of specific measures. Explicating legal norms and clarifying regulatory systems are the premises of constructing the system. Unifying labeling forms, introducing provisions of threshold and establishing a food traceability labeling system are reflections of optimizing systematical contents. Strengthening legal responsibilities and applying public interest litigations are the guarantee of promoting the system coming into reality.
引文
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2 In 2017, the State Council amended the Regulation on Administration of Safety of Agricultural Genetically Modified Organisms,which continued the provisions of 2001, highlighting the implementation of the system of agricultural genetically modified organisms labeling. The specific catalogue would be enacted, adjusted and published by the agricultural administration department consulting with other relevant administration departments of the State Council.
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