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我国的《食品安全法》出台至今,面临着实践和理论的双重困境:在实践上的困境表现为其配套制度的设定遇到了前所未有的迟滞和混乱,也无法恰如其分地解决卷土重来的三聚氰胺问题;而理论上的困境更多地表现在基本理念方面,作为一个危机对策法性质的紧迫立法,在法理上缺失了对包括新安全观在内的诸多核心理论的精致关照。因此,笔者从规范分析和价值分析的角度指出:在一定程度上体现了食品安全的全过程规制、统一监管、风险分析和民主性多元参与原则基础上,应然层面或规制层面的《食品安全法》还应以新安全观为统摄直接或间接地体现国际合作主义理念、观念安全主义理念和商谈理性主义理念。
The “Food Safety Law” in our country has so far faced the dual dilemmas of practice and theory. The plight in practice is that the establishment of its supporting system has encountered unprecedented delays and chaos, and it can not properly resolve the issue of the resurgence of the melamine. However, the theoretical predicament is more manifested in the basic concepts. As a kind of urgent legislation of the nature of the crisis countermeasures law, it lacks the fine care of many core theories including the new security concept in jurisprudence. Therefore, from the perspective of normative analysis and value analysis, the author points out: To a certain extent, it reflects the whole process of food safety regulation, unified supervision, risk analysis and the principle of democratic participation. Based on the principle of “food safety Act ”should also take the new security concept as a guide, directly or indirectly, to embody the concept of international cooperation, the concept of concept of security and the idea of discussing rationalism.