试论《食品安全法》中关于消费者权益保护的欠缺

消费者是食品链中最大的群体。《食品安全法》的立法之本是为了保护消费者的安全,但是《食品安全法》在消费者权益保护方面却存在很多问题,比如,食品安全概念的狭隘,某些法条难以实施,与其它法律之间互相矛盾等。本文分析了《食品安全法》关于消费者权益保护的欠缺之处,并提出了修改建议。食品药品监督管理总局的成立及食品安全监管部门职能的调整改变了以前分段管理的模式,《食品安全法》要做相应的修改。希望在《食品安全法》的修订过程中可以加强对消费者权益的保护,增加该法的实用性。

Study of the shortcomings of Food Safety Law on protection of consumer rights and interests

Government, manufacturer and consumer are three important roles in food safety supervision system. Although the ultimate purpose of food safety supervision is to ensure safety for consumers, rights and interests of the consumers were impaired occasionally. The legislative fundamental of food safety law is to enforce the protection of consumer rights and interests, however, there are many shortcomings in the law such as parochialism of food safety concept, non-implementation of some articles, confliction and inconsistence with other laws that impair the power of legal effect. Reasons for shortcomings of the law on protection of consumer rights and interests were ana- lyzed and consequent suggestions were put forward. The late foundation of China Food and Drug Administration （CFDA） and responsibility adjustment of difference government supervisory departments have ended the fragmented management mode and therefore food safety law will be revised pretty soon correspondingly. It is expected that in the revised version the consumer rights and interests will be emphasized and the law will bear more practicality.