食品安全领域免罚清单制度的反思与重构

行政执法机关过于考虑免罚清单给食品安全带来的风险,采取消极回避的态度,导致目前食品安全领域免罚清单存在定位模糊、内容大量重申现行立法、回避食品安全实质问题等缺陷.为充分发挥免罚清单的作用,从属性上应将免罚清单的制定定位为行政活动而非立法活动,内容上需以细化规定代替重申现行立法,效力上将免罚清单作为行政执法的直接依据,并建立负面清单防范免罚清单风险.通过贯彻积极的包容审慎监管原则,平衡优化营商环境与维护食品安全两者关系.

The reflection and reconstruction of the penalty exemption list system in the field of food safety

Current food safety penalty list positioning fuzzy, content reiterated a lot of the current legislation, to avoid the defects of food safety substance problems. The reason is that the administrative law enforcement excessive list penalty for food safety risk, thus adopted a negative avoidance attitude. It is not only conducive to optimize the business environment, but also will cause adverse effects on food safety in a long-term view. In essence, the formulation of the exemption list is still administrative activities rather than legislative activities. The reconstruction of the food safety exemption list system should replace the current legislation in terms of detailed provisions. The exemption list should be used as the direct basis for administrative law enforcement, and a negative list is established to prevent the risk of the exemption list. By implementing the principle of active, inclusive and prudent regulation, we will balance the relationship between optimizing the business environment and maintaining food safety, so as to give full play to the role of the list of penalty exemptions.