食品安全公益诉讼的法理解析与完善理路

Legal Analysis and System Improvement of Food Safety Public Interest Litigation

摘要: 我国自古就有“国以民为本，民以食为天，食以安为先”的表达。食品安全是一个关乎国计民生的永恒话题。随着环境、教育、未成年人保护等领域公益诉讼的发展，社会各界也在探讨关于食品安全公益诉讼制度的构建和完善问题。食品安全公益诉讼是一般意义上的公益诉讼程序在特定食品安全诉讼案件中的实行与运用，其目的是保护社会公共利益。由于食品安全公益诉讼制度建立不久，加之立法层面单薄，司法实践运用不多，导致该诉讼制度存在一些缺陷，亟需进一步完善。为此，在文末围绕起诉主体、举证责任、诉讼费用交纳、沟通协调机制等方面提出了完善食品安全公益诉讼的思考，以期更好保护消费者权益、提高司法效率、节约司法资源，从而维护社会和谐稳定。

Abstract: Since ancient times, there has been an expression that “the nation is based on the people, food is the heaven, food is the first”. Food safety is an eternal topic related to the national economy and people’s livelihood. With the development of public interest litigation in the fields of environment, education, and protection of minors, people from all walks of life are also discussing the construction and improvement of the public interest litigation system on food safety. Food safety public interest litigation is the implementation and application of general public interest litigation procedures in specific food safety litigation cases, its purpose is to protect the social public interests. As the food safety public interest litigation system has not been established long, the legislation level is weak, and the judicial practice is rarely used, leading to the great defects of the litigation system, which needs to be further improved. Therefore, at the end of the paper, the author puts forward some thoughts on improving food safety public interest litigation from the aspects of prosecution subject, burden of proof, litigation cost payment, communication and coordination mechanism, so as to better protect consumers’ rights and interests, improve judicial efficiency, save judicial resources, and maintain social harmony and stability.