農藥污染與刑事責任之本土研究--由風險社會之觀點探討農藥毒害之不可容許危險問題
Other Title
A Local Research on Insecticides Contamination and Criminal
Law-A Discussion on the Issue of the Intolerability of
Insecticides Contamination from the View of the Social Risk
Law-A Discussion on the Issue of the Intolerability of
Insecticides Contamination from the View of the Social Risk
Date Issued
2002
Date
2002
Author(s)
陳志龍
DOI
902414H002024SSS
Abstract
The study aims at the impact of insecticides remaining in vegetable upon
Taiwan’s consumers. Such insecticides are believed to damage health,
lead to pathological changes or even cancers. The competent government
authorities notably Council of Agriculture, Department of Health,
Environmental Protection Administration are supposed to oversee the
control over Insecticides diminishing rate. With inadequate enforcement
by the competent government authorities and while consumers long
overlook the risks, the Insecticides have even been regarded as “tolerable
risks”. Offenses in such area have been largely dealt with through
administrative measures instead of criminal penalty. In the process of
vegetable and fruit supply, severe overdose of Insecticides starts up in the
upstream vegetable and fruit planting. The wholesalers, taking into their
economic interests into consideration only, fail to take any essential acts
to minimize the remaining Insecticides while the downstream retailers as
restaurants and food suppliers do not faithfully follow the specified
regulations in taking care of vegetables and fruits. As a discouraging
result, end users must inevitably undergo the risks of Insecticides. In
addition, the increase of people dinning outside, who are injured by
insecticides, is one of the most direct causes endangering health of our
nationals. It is, therefore, essential or even indispensable to take such a
study to have agricultural chemistry related knowledge and law further
integrated to help assure consumers’ health and to make possible sounder
and more comprehensive laws in such aspect.
Studies aiming at Insecticides risks and non-act by the competent
government authorities seem seldom seen in Taiwan but are quite
abundant with sound and harsh guidelines and regulations built in foreign
research institutes. From the view of social risk, over the illegal practices
undermining our nationals’ health (including application of illegal
Insecticides, over-dense and overdose of Insecticides), it is necessary that
laws be enacted to ban. All such systems are essential to be introduced to
set up the sound juridical systems to penalize irregularities against
Taiwan’s food trade.
The Study, therefore, teams up with scholars in Agricultural Chemistry to
have such issues to be covered in the co-study programs in Criminal Law. While the co-administrators are associated with agricultural chemistry and
cytology, we are in a position to take a profound probe into the issues and
demonstrate overall inter-department integration performance.
In the study, we will team up with Taiwan’s experts in law and in
agriculture, say, around 130 experts, in seminars and symposiums along
with hands-on interviews and visits to the fruit and vegetable origins to
look into government superintendence, to the Insecticides poison research
institutions to look into application of Insecticides and toxicity. Besides,
we will further team up with physicians and pathologists in studies.
Altogether, it calls for around 3,000 working hours in an attempt to build
concrete and feasible law systems to safeguard the general health of our
nationals. Furthermore, as the present is to associate with Taiwan’s
Criminal Code related scholars to participate in the study as the first
practice of its like with agricultural and legal experts combined into a
whole, the findings and results yielded from the study will be significantly
beneficial to Criminal Code related know-how as well.
Subjects
Insecticides contamination
Insecticides diminishing rate
Social risk
Intolerable risks
Agricultural chemistry
Criminal evidence method
Inter-department integration
Indigenous studies
Guidelines & Regulations
Insecticide superintendent authorities
Publisher
臺北市：國立臺灣大學法律學系暨研究所
Type
report
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