預防原則與風險規制—以食品安全領域為核心

食品乃人類賴以維生之基本要素，不僅影響人類生命安全、身體健康至為深遠，甚至已然成為國家安全層級之重大議題。伴隨農業技術改良與食品工業科技高度發展，農藥、食品添加劑之使用，食品「自農田至餐桌」之產銷過程中，皆存在一定風險，食品安全有其不確定性。風險社會中，針對不確定性領域，國家與社會皆有介入之可能與必要。尤其食品安全之風險規制，需要高度專業，顯非國家介入即為已足；尤其風險調控著重事先預防，因此衍生之預防原則，並非傳統行政管制模式所能承擔，甚至可能產生一定衝擊。臺灣近年來食品安全事件頻傳，其原因所在多有，政府於制度設計、風險規制等層面，有待改進；食品業者未能針對原物料及生產過程嚴格把關，甚至有惡意違法行為發生；部分消費者欠缺相關知識及判斷能力，易受媒體聳動標題影響。尤其，兩岸之間食品貿易數量遞增，臺灣應增進對中國大陸食安法制之認識；復以中國大陸因屢傳黑心食品新聞，進行多次食安法修正，學者亦提出諸多新興規制手法，或可供臺灣參考借鑑。凡此種種，皆有賴國家與社會高度合作，思考究應改良公私協力使其融合臺灣經社背景，抑或宣告市場失靈而由國家履行擔保責任，從而相應尋求有效、可靠之風險規制模式。

關鍵字

風險社會；行政管制；風險規制；食品安全；預防原則

並列摘要

Food is the basic need for human beings to survive. It not only affects human life safety and physical health, but has even become a major issue at the national security level. With the rapid development of agricultural technology and food industry technology, the use of pesticides and food additives, and the production and sale of food from farmland to dinner table, there are certain risks, and food safety has its own uncertainties. In a risk society, it is possible and necessary for the state and society to intervene in areas of uncertainty. In particular, the risk regulation of food safety requires a high degree of professionalism, which means that non-state intervention is sufficient. In particular, risk regulation focuses on precaution. Therefore, the derived precautionary principle cannot be undertaken by the traditional administrative control model, and may even have a certain impact. Food safety incidents have been reported frequently in Taiwan in recent years. There are many reasons. The government needs to improve the system design and risk regulation. The food industry has failed to strictly control the raw materials and production process, and even malicious violations have occurred; some consumers Lack of relevant knowledge and judgment ability, vulnerable to media sensational headlines. In particular, the amount of food trade between the two sides of the strait is increasing, and Taiwan should increase its understanding of the food safety legal system in China; reiterated that the Chinese mainland has repeatedly revised the food safety law due to the repeated rumors of food news, and scholars have also proposed many new regulatory methods, or It can be used as reference for Taiwan. All of this depends on the high degree of cooperation between the state and society. Thinking about whether to improve public-private collaboration to integrate Taiwan's economic and social background, or declare market failures and let the state perform the guarantee responsibility, so as to correspondingly seek an effective and reliable risk regulation model.