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。     

甲维盐中毒死亡小鼠体内的分布及死后再分布

目的研究甲氨基阿维菌素苯甲酸盐(简称甲维盐)中毒死亡小鼠的致死血浓度、靶器官组织、毒物蓄积库和死后毒物再分布的特征。方法采用灌胃法建立中毒小鼠模型,动态观察急性中毒组、亚急性中毒组小鼠的主要中毒症状和临床死亡时间。观察中毒死后小鼠各器官组织病理形态学改变,应用酶联免疫吸附试验测定死后0、24、48、72h甲维盐体内分布及死后再分布,采用高效液相色谱法测定中毒小鼠的致死血浓度和死后各时间点的血中甲维盐浓度。结果中毒小鼠均在灌胃后15~30 min内依次出现神经、呼吸系统症状。急性中毒组小鼠的临床死亡时间为(45.8±7.9)min,亚急性中毒组为(8.0±1.4)d。甲维盐的急性致死血浓度范围为447.164 0~524.463 5 mg/L。光镜及荧光显微镜下各器官组织均见明显的病理改变;小鼠中毒死后72 h内,血、心、肝、脾、肺、肾及脑甲维盐浓度变化具有规律性(P0.05)。结论甲维盐中毒作用的主要靶器官为心、肝、肾、肺、脑和接触部位(胃),其主要蓄积库为肾、肝,甲维盐在小鼠体内存在死后再分布现象。     

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.     

Food riots and the politics of provisions from early modern Europe and China to the food crisis of 2008

The food riots of 2007–2008 jolted authoritarian regimes and international agencies into action. The riots also began to crack neoliberal hegemony over the global food system. Food riots have often driven a politics of provisions, sometimes winning relief, sometimes merely bloody repression, depending on a particular country’s political economy. Such bargaining in the politics of provisions is made possible by existing networks – of solidarity among the common people and reciprocity between them and their rulers – that extend elements of ‘normal’ politics into crises. This paper explores how riotous extensions of such sociopolitical networks shaped food politics in early modern England and China, Famine Ireland, the ‘IMF (International Monetary Fund) austerity riots’ of the 1980s and 1990s, and the food riots of 2007–2008.     

The goals and reality of the water–food–energy security nexus: the case of China and its southern neighbours

The so-called ‘nexus’ approach has recently been promoted as addressing externalities across the water, food and energy sectors, thus helping to achieve ‘water/energy/food security for all’, ‘equitable and sustainable growth’ and a ‘resilient and productive environment’. While these are noble goals, this article argues that the reality on the ground appears to be taking a different direction, at least when it comes to China and its neighbours in South and Southeast Asia. There, a new era of large-scale water infrastructure development is creating several security-related problems, which represent serious challenges to the nexus goals. These challenges include food–energy tensions, human security threats and ecological risks. These challenges can also be linked to rising friction surrounding the management of water, food and energy resources in the region. The article argues that, in order for the nexus goals to be achieved in China and the countries on its southern periphery, there must first be increased awareness of this nexus among policy-making elites.     

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.     

Pathway to resilience: hands and hearts for peasant livelihoods and fair relations between humans and nature

Abstract

Peasants and rural communities are on the front lines of most climate catastrophes taking place nowadays worldwide; at the same time, we have been the ones taking care of our common planet over generations. This article begins with a brief overview of the current situation of land use in the world today and links it to climate issues. It then describes some of the solutions to climate threats being negotiated between national governments and the private sector. It then highlights solutions that communities are already implementing and concludes with the reasons why systemic change is needed in order to achieve agrarian and climate justice.