TPP視閾下的食品安全法律問題研究
發(fā)布時(shí)間：2019-04-22 21:29
【摘要】：隨著公眾對(duì)食品安全要求的提高、新資源食品不斷推出以及食源性疾病的大規(guī)模爆發(fā)(如瘋牛病、禽流感等),相關(guān)食品安全標(biāo)準(zhǔn)成為近些年來國際社會(huì)廣泛關(guān)注的焦點(diǎn)問題之一,相關(guān)國際組織也一直在不斷研究、制定符合人類健康利益的各種技術(shù)標(biāo)準(zhǔn)和安全標(biāo)準(zhǔn)。與此同時(shí),為防止不安全食品對(duì)本國造成危害,各國都依據(jù)本國的經(jīng)濟(jì)現(xiàn)狀、食品科技發(fā)展水平、消費(fèi)者態(tài)度等情況制定了程度不同的食品安全貿(mào)易保護(hù)措施。然而,此類存在差異的措施并未形成統(tǒng)一體系,這就使食品安全貿(mào)易措施在國與國之間難以實(shí)現(xiàn)有效對(duì)接。這種差異增加了進(jìn)口食品各方面的成本,使其競(jìng)爭力降低。更為嚴(yán)重的是,一些發(fā)達(dá)國家以保證食品安全、保護(hù)國民健康為名,行保護(hù)本國食品及相關(guān)產(chǎn)業(yè)、建立食品安全貿(mào)易壁壘之實(shí)。此類情況將給相關(guān)貿(mào)易出口國家及企業(yè)造成難以彌補(bǔ)的損失。問題解決的關(guān)鍵在于實(shí)現(xiàn)國際衛(wèi)生組織以及與食品安全有關(guān)的國際機(jī)構(gòu)所制定的具備強(qiáng)制性效力的硬法以及不具備強(qiáng)制性效力的軟法之間的協(xié)調(diào)以及相互促進(jìn)共同發(fā)展。故此,論文主要內(nèi)容由以下六章構(gòu)成：第1章在詳細(xì)梳理食品安全相關(guān)概念基礎(chǔ)上,以TPP為背景,分析國內(nèi)食品安全和國際食品安全之間的關(guān)系,總結(jié)食品安全貿(mào)易壁壘對(duì)國際貿(mào)易的影響,為開展進(jìn)一步研究奠定基礎(chǔ)。第2章歸納總結(jié)涉及國際食品安全規(guī)制的主要規(guī)范,從TBT協(xié)議到SPS協(xié)議開始分析國際食品規(guī)范,并就當(dāng)下由TPP和TFA等國際熱點(diǎn)問題對(duì)食品規(guī)范所產(chǎn)生的影響進(jìn)行了概述,進(jìn)而介紹了發(fā)達(dá)國家的國際食品貿(mào)易制度。通過上述的介紹,提出國際貿(mào)易中食品安全法律規(guī)制的碎片化的觀點(diǎn),并對(duì)涉國際貿(mào)易中的食品安全問題的雙邊規(guī)制及區(qū)域規(guī)制進(jìn)行了比較分析。進(jìn)一步驗(yàn)證國際貿(mào)易中食品安全法律規(guī)制的碎片化的觀點(diǎn)。第3章較為全面梳理和總結(jié)現(xiàn)行國際貿(mào)易中食品安全問題解決機(jī)制的狀況。包括對(duì)GATT一般例外的適用分析和WTO爭端解決機(jī)制的不足之處的總結(jié),并將其與TPP進(jìn)行對(duì)比。通過對(duì)三個(gè)案例的分析,就食品安全標(biāo)準(zhǔn)壁壘對(duì)國際貿(mào)易爭端解決的影響提出了新的看法。第4章通過各國國內(nèi)法的比較,輔以對(duì)《國際食品安全法典》及TPP內(nèi)容的剖析與闡釋,介紹了有關(guān)國際貿(mào)易中食品標(biāo)準(zhǔn)的銜接與沖突問題。第5章以應(yīng)對(duì)TPP挑戰(zhàn)為基礎(chǔ),從國際法的角度回應(yīng)如何適當(dāng)解決貿(mào)易壁壘和應(yīng)對(duì)食品安全規(guī)制碎片化的現(xiàn)狀,從研究分析中提出了對(duì)上述兩個(gè)問題的解決對(duì)策以及國際食品安全標(biāo)準(zhǔn)法律制度的完善建議。第6章從國際標(biāo)準(zhǔn)的完善建議出發(fā),指出國際食品貿(mào)易爭端解決機(jī)制的變革方向,并且從國際視角對(duì)我國國內(nèi)法的完善提出了建議點(diǎn),在簡介我國食品安全標(biāo)準(zhǔn)的立法現(xiàn)狀基礎(chǔ)上,分析我國食品安全標(biāo)準(zhǔn)存在的問題,對(duì)《商品流通法》《食品安全法實(shí)施條例(征求意見稿)》的立法提出建議,并綜合上述研究內(nèi)容,提出具體解決對(duì)策,以提高我國在食品安全領(lǐng)域的國際話語權(quán)。
[Abstract]:With the increase of the public's demand for food safety, the continuous introduction of new resources and the large-scale outbreak of food-borne diseases (such as mad cow disease, bird flu, etc.), the relevant food safety standards have become one of the focus problems of the international community in recent years, Relevant international organizations have been constantly studying and developing various technical standards and safety standards that are in line with the human health benefits. At the same time, in order to prevent the non-safe food from causing harm to the country, all countries have developed different measures of food safety trade based on the state of the country's economy, the level of food and technology development and the attitude of consumers. However, such a difference in measures does not form a uniform system, which makes it difficult for food safety trade measures to interface effectively between countries. This difference increases the cost of the various aspects of the imported food and reduces its competitiveness. It is more serious that some developed countries, in the name of ensuring food safety and protecting the health of their nationals, will be able to protect their food and related industries, and to set up a solid food safety trade barrier. Such cases will cause irreparable damage to the relevant trade-exporting countries and enterprises. The key to the problem is to achieve the coordination between the International Health Organization (WHO) and international institutions related to food safety, as well as a soft law that does not have a mandatory effect, as well as a mutually reinforcing and common development. Therefore, the main content of the thesis is composed of the following six chapters: Chapter 1, based on the detailed analysis of the concept of food safety, analyses the relationship between food safety and international food safety in China, and summarizes the effect of food safety trade barrier on international trade. Lay the foundation for further research. Chapter 2 summarizes the main specifications related to the international food safety regulation, and begins to analyze the international food specification from the TBT agreement to the SPS agreement, and provides an overview of the impact of the international hot issues such as TPP and TFA on the food specification. The international food trade system of developed countries is also introduced. Through the introduction, this paper puts forward the defragmentation of the legal regulation of food safety in international trade, and makes a comparative analysis of the bilateral regulation and the regional regulation of food safety in international trade. Further verification of the defragmentation of the legal regulation of food safety in international trade. Chapter 3 is a comprehensive way of combing and summarizing the situation of food safety problem solving mechanism in the current international trade. This includes a summary of the applicable analysis of the general exceptions of the GATT and the shortcomings of the WTO dispute settlement mechanism, and compares it with the TPP. Through the analysis of the three cases, the paper put forward a new view on the effect of the food safety standard barrier on the international trade dispute settlement. Chapter 4, through the comparison of national domestic law, is supplemented by the analysis and interpretation of the international food safety code and the content of TPP, and introduces the connection and conflict of the food standard in international trade. Chapter 5, based on the challenge of the TPP, responds to the current situation of how to solve the trade barrier properly and to deal with the fragmentation of food safety from the perspective of international law, and puts forward the solution to the above two problems and the perfection of the international food safety standard legal system from the research and analysis. Chapter 6, starting from the improvement of international standards, points out the change direction of the international food trade dispute settlement mechanism, and puts forward some suggestions on the perfection of the domestic law from the international perspective, and on the basis of the introduction of the legislation of the food safety standard in China, This paper analyzes the existing problems of food safety standards in China, puts forward some suggestions on the legislation of the Implementation of the Law on the Circulation of Goods and the Implementation of the Food Safety Law (Draft for Comments), and makes a comprehensive study of the above-mentioned research contents, and puts forward the specific countermeasures to improve the international voice of our country in the field of food safety.
【學(xué)位授予單位】：大連海事大學(xué)
【學(xué)位級(jí)別】：博士
【學(xué)位授予年份】：2015
【分類號(hào)】：D922.16
，
本文編號(hào)：2463209
[Abstract]:With the increase of the public's demand for food safety, the continuous introduction of new resources and the large-scale outbreak of food-borne diseases (such as mad cow disease, bird flu, etc.), the relevant food safety standards have become one of the focus problems of the international community in recent years, Relevant international organizations have been constantly studying and developing various technical standards and safety standards that are in line with the human health benefits. At the same time, in order to prevent the non-safe food from causing harm to the country, all countries have developed different measures of food safety trade based on the state of the country's economy, the level of food and technology development and the attitude of consumers. However, such a difference in measures does not form a uniform system, which makes it difficult for food safety trade measures to interface effectively between countries. This difference increases the cost of the various aspects of the imported food and reduces its competitiveness. It is more serious that some developed countries, in the name of ensuring food safety and protecting the health of their nationals, will be able to protect their food and related industries, and to set up a solid food safety trade barrier. Such cases will cause irreparable damage to the relevant trade-exporting countries and enterprises. The key to the problem is to achieve the coordination between the International Health Organization (WHO) and international institutions related to food safety, as well as a soft law that does not have a mandatory effect, as well as a mutually reinforcing and common development. Therefore, the main content of the thesis is composed of the following six chapters: Chapter 1, based on the detailed analysis of the concept of food safety, analyses the relationship between food safety and international food safety in China, and summarizes the effect of food safety trade barrier on international trade. Lay the foundation for further research. Chapter 2 summarizes the main specifications related to the international food safety regulation, and begins to analyze the international food specification from the TBT agreement to the SPS agreement, and provides an overview of the impact of the international hot issues such as TPP and TFA on the food specification. The international food trade system of developed countries is also introduced. Through the introduction, this paper puts forward the defragmentation of the legal regulation of food safety in international trade, and makes a comparative analysis of the bilateral regulation and the regional regulation of food safety in international trade. Further verification of the defragmentation of the legal regulation of food safety in international trade. Chapter 3 is a comprehensive way of combing and summarizing the situation of food safety problem solving mechanism in the current international trade. This includes a summary of the applicable analysis of the general exceptions of the GATT and the shortcomings of the WTO dispute settlement mechanism, and compares it with the TPP. Through the analysis of the three cases, the paper put forward a new view on the effect of the food safety standard barrier on the international trade dispute settlement. Chapter 4, through the comparison of national domestic law, is supplemented by the analysis and interpretation of the international food safety code and the content of TPP, and introduces the connection and conflict of the food standard in international trade. Chapter 5, based on the challenge of the TPP, responds to the current situation of how to solve the trade barrier properly and to deal with the fragmentation of food safety from the perspective of international law, and puts forward the solution to the above two problems and the perfection of the international food safety standard legal system from the research and analysis. Chapter 6, starting from the improvement of international standards, points out the change direction of the international food trade dispute settlement mechanism, and puts forward some suggestions on the perfection of the domestic law from the international perspective, and on the basis of the introduction of the legislation of the food safety standard in China, This paper analyzes the existing problems of food safety standards in China, puts forward some suggestions on the legislation of the Implementation of the Law on the Circulation of Goods and the Implementation of the Food Safety Law (Draft for Comments), and makes a comprehensive study of the above-mentioned research contents, and puts forward the specific countermeasures to improve the international voice of our country in the field of food safety.
【學(xué)位授予單位】：大連海事大學(xué)
【學(xué)位級(jí)別】：博士
【學(xué)位授予年份】：2015
【分類號(hào)】：D922.16
，
本文編號(hào)：2463209
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