Studies on Juridification of Risk Precaution in Food Safety Field
Date Issued
2015
Date
2015
Author(s)
Lin, Chia-Yin
Abstract
In recent years, Taiwan’s food market has been in a state of extreme instability. Various food safety incidents happened one after another. People are filled with suspicion and anxiety to the food provider and food market. This phenomenon is caused by illegal acts from the food businesses, or rather by unknown structured risks arising from environmental and industrial changes, technological developments as well as global trading. It shows that modern food safety issue has already extended from traditional idea of preventing danger to being precautious to the risk that would occur from food. Facing this change, the Taiwanese government only amended relevant food safety law in a fragmental and case-by-case faction when food safety incidents appear. Although this amendment made by Taiwanese government, had strengthened the food safety law, the frequency of occurrence of food safety incidents did not decrease significantly. This means that Taiwan’s food safety control system still remains in the idea of preventing danger and instead of being aware of risk precaution. Therefore, food safety system in Taiwan is subject to review and should be rebuilt. Food safety is not only a legal objective but also an important goal of our daily life; therefore, the aim of this thesis is to research how the government fulfills such a goal and how the rule of law principle in constitutional state will be affected. In addition, due to the characteristics of food safety risks, including such as complexity, high demand for professional knowledge, and uncertainty, risk precaution of food safety is a scientific mission that was not originally an legal issue. Therefore, the government needs to regulate the results of this mission and the executive power must enforce the regulation based on the guidance of the law in order to achieve the governmental obligation of risk precaution in food safety. Hence, government needs to establish risk-administrative law of food safety. On the other hand, after the regulation has been enforced, how the existing legal system will be changed and how basic human rights will be affected, is another issue that will require our attention. This thesis begins with the discussion of food safety issue. By understanding the significance of food safety, the production process of food, factors and characteristics of food problem, I explore legal elements associated with modern food safety mission and the difficulties we encounter during the mission. Secondly, the fact that food safety issue is closely connected to human’s basic daily demands is a universal fact; therefore, I refer to basic principles and traditional and new instruments of administrative regulation in the food law in the European Union law as well as Germany law. Moreover, I attempt to describe the fundamental legal structure of risk precaution in food safety field as a reference of reviewing Taiwan’s juridification of risk precaution of food safety. Furthermore, I analyze the theories, functions as well as limitations of traditional and new emerging of administrative regulatory instruments on the basic legal structure of food safety risk precaution. Next, I discuss the possibility of enforcing those instruments in risk precaution in the food safety field and how these instruments will affect the rule of law. Based on the context above, by observing Taiwan’s currently enforced risk precautionary measures in the food safety area, this thesis reviews rationalities and effectiveness of those administrative regulatory instruments and provide relevant amendatory suggestions. In this thesis, I intend to contribute to providing a rational legal structure of food safety risk precaution and direct Taiwan’s food safety control system to the precise direction that this thesis has concluded with.
Subjects
Food
Food Safety
Juridification
Risk
Precautionary Principle,Obligation of Protection from the Government
Risk Decision
Administrative regulation
Legal prohibition
Approval System
HACCP concept
Type
thesis
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