构建我国食品召回制度的法律思考

缺陷食品召回制度是一种具有公法性质的行政管理制度和有效手段,在发达国家已非常完善。近年来,由于食品召回立法的缺位,在一系列的缺陷食品事件中,我国消费者的合法权益未能得到平等的保护。在市场经济和加入WTO的今天,日益成为阻碍消费者权益保护和企业竞争力增强的制度障碍。为此,借鉴发达国家的实践经验,结合中国国情,确立和完善我国的食品产品召回制度就成为当务之急。     

我国绿色食品的发展及政策体系设计

发展绿色食品是我国农业可持续发展的需要。我国绿色食品发展经历了三个阶段 ,但绿色食品发展过程中依然存在六大问题 ,必须从市场开拓、保障体系、监督管理、投入、宣传等五个方面完善我国绿色食品发展的政策体系。     

Young people with cognitive disabilities and overrepresentation in the criminal justice system: service provider perspectives on policing

Young people with cognitive disabilities (YPWCD) are overrepresented as offenders in the criminal justice system. However, most existing research on this topic examines overrepresentation in courts and corrections rather than at the police gatekeeping stage of the criminal justice process. Furthermore, while the views of other groups have been documented, the perspectives of service providers – who often bear witness to YPWCD’s interactions with police – have yet to be examined. This research addresses this gap by analysing qualitative interviews with service providers from Queensland, Australia, using the three most common theoretical explanations for the overrepresentation of PWCD (the susceptibility, differential treatment and psychosocial disadvantage theses) as an analytic framework. A number of implications emerged from the study. There is a need to take a critical and intersectional lens to YPWCD’s experiences, as well as to equip police to work with YPWCD to de-escalate interactions with this group.     

Are Power Asymmetries a Reason for the State to Intervene?

Power asymmetries between farmers and slaughterhouses have led the Swiss government to install an independent agency that evaluates the quality of pig and cattle carcasses. This case is used to explore public interventions to mitigate power asymmetries. The independent classification is described and its economic rationale explored. The positions of the most important stakeholders in the system are depicted and the counter-arguments analyzed by objective hermeneutics. It is concluded that public interventions against power asymmetries are no panacea but can be useful to create a just and effective system.     

Books received

Since the early 2000s, the governments in ASEAN (the Association of South East Asian Nations) countries have developed ‘good agricultural practices’ (GAP) as public approaches to field-level quality assurance. Besides the primary goals of consumer food safety and quality assurance, these public GAP programs aim to support small-scale farmer inclusion in mainstream markets. This goal represents the antithesis of the prevailing trend that private GAP approaches have tightened integration with resourceful, large-scale producers in global value chains. This paper examines the compatibility of the goals of safety assurance and social justice in a public GAP approach through comparative analysis of Thailand's Q-GAP between two local contexts of fruit production and marketing. The research findings suggest that while the public GAP scheme could draw the participation of a broad cohort of local small-scale producers and serve to certify their production, its impact on changing producers' on-field practices and catalyzing their access to the global market through food safety assurance is limited. The binding factors include the lack of producers' understanding of the principles of the programme, limited additional economic merits for them, and the influence of extra-local market forces that stress economies of size and food quality rather than food safety.     

效率视野中的食品召回制度——一种法经济学理论的证成进路

2007年7月26日颁布并实施的《国务院关于加强食品等产品安全监督管理的特别规定》第9条首次确立了我国的食品召回制度。食品召回制度为何建制,其存在的根基及其体系的支撑,都需要证成。以"效率"的角度从法经济学的理论出发分析食品安全问题可以得出结论,食品召回制度对于"外部性"的有效处理,实现了"卡尔多-希克斯效率"的良好状态。     

Horses for courses: China's accommodative approach to food standard‐setting in response to the internationalization of regulation

This paper examines the evolution of China's food standard‐setting procedures from both domestic and international perspectives, particularly in the context of the internationalization of regulation. After the reform and opening‐up in 1978, state actors and leading enterprises monopolized the process of national food standard setting. With further participation in the global economy in the 21st century, China has become familiar with the international standard‐setting procedures and has modeled its domestic policymaking on these practices. This has resulted in a more transparent, inclusive, scientific, pluralized, and consensus‐based form of decisionmaking. By contrast, the standards of the strategic industries have been harmonized to the standards of international counterparts through a top‐down and authoritarian approach. This paper argues that China uses an accommodative approach, trichotomizing suitable standards and decisionmaking procedures in terms of inclusiveness and transparency, which suits the developmental needs of the domestic market, food export markets, and strategic industries.     

Security Providers: Obstacles to Effectiveness in Democracies

To usefully discuss security, one must analyze the security providers states utilize to enhance international and domestic security. These are the armed forces, police, and intelligence agencies. This paper analyzes the implications of democratization on the requirements—posited as strategies, resources, and coordination institutions—these providers require in order to achieve the goals civilian leaders set for them. In analyzing case studies of how nations implement six different tasks, it becomes clear that the absence, or weakness, in any of the requirements leads to serious weakness in implementation. Two findings from the case studies are particularly important for policy. First, presidents, who are elected directly and for fixed terms, may ignore or even abolish institutions, including national security councils, that are created to coordinate policy. Second, as civilians are in control, if they lack clear incentives they are not willing to provide the necessary requirements for the security providers.     

春秋战国时期粮食安全思想的传承与当代战略选择

粮食是人类生存和发展的基本物质条件,是关系国家安全、政治稳定与社会和谐的重要战略性资源。粮食安全化与政治化是国际政治研究的热点问题之一。鉴于此,重新发现中国春秋战国时期已形成的粮食安全思想,从粮食对国家安全、国家权力以及国家道义层次考察彼时粮食安全思想,具有重要的现实意义。“不生粟之国亡”,粮食安全是国家安全的基础;“富国以粟”,粮食是国家富强的保证;粮食关乎人心向背和国家道义。齐桓公为建立霸业实施了粮食外交与粮食战略,开创了现代粮食战争的先河。“不生粟之国亡”是中国春秋战国时期粮食安全思想的核心和根本,也是对中国古代粮食安全思想再发现的落脚点。基于此,当代中国粮食安全战略应立足于坚持独立自主原则,保障国内粮食生产,积极开展粮食外交,实行粮食“走出去”战略,在全球化背景下确保实现国家粮食安全。这不仅是保障国家安全的重中之重,也是中华民族实现“中国梦”最重要的物质基石。