餐饮环节食品安全监管中轻度违法行为的行政处罚问题研究
发布时间：2018-12-11 07:22
【摘要】：食品安全法自2009年施用之后，通过数据的对比我们发现了一个现象就是，食品生产经营环境不符合卫生要求的、餐饮具不符合卫生要求、违反食品从业人员健康管理规定等食品安全监管过程中存在的轻度违规行为的行政处罚数量骤减。是不是在食品安全法施用之后此类轻度违法行为的确是减少了呢？经实际情况的考察研究及数据的分析，发现此类违法行为并未减少。是什么原因导致了这一现象的产生？如何正确合理地运用法律手段来有效地纠正餐饮监管中的轻度违法行为，这些在日常行政执法中间遇到的难题，值得我们深入研究。 因此，本文以餐饮监管中轻度违法行为的行政处罚为研究内容，，以上海市餐饮监管中轻度违规行为的存在现状和行政处罚的情况为研究切入点，探讨影响餐饮单位轻度违法行为发生的因素、行政处罚对于纠正餐饮单位轻度违法行为的作用及行政执法机构在纠正轻度违规行为中运用行政处罚所存在的问题。通过多种研究方法，来分析如何能更好地规范和用好行政处罚的手段，从而更好地规范食品经营者的行为，减少轻度违法行为的发生，更好地守好食品安全的底线。
[Abstract]:Since the application of the Food Safety Law in 2009, we have found through the comparison of the data that the food production and business environment does not meet the hygiene requirements, and the food and beverage utensils do not meet the hygiene requirements. The number of administrative penalties for minor violations in the course of food safety supervision, such as violation of food workers' health regulations, has plummeted. Is it true that such minor violations have been reduced after the application of the Food Safety Act? Through the investigation and analysis of the actual situation, it is found that this kind of illegal behavior has not been reduced. What causes this phenomenon? How to correctly and reasonably use the legal means to effectively correct the minor illegal behavior in the food and beverage supervision, these problems encountered in the daily administrative law enforcement are worthy of our in-depth study. Therefore, this article takes the administrative punishment of the minor illegal behavior in the catering supervision as the research content, and takes the existing situation and the administrative punishment situation of the slight illegal behavior in the catering supervision in Shanghai as the starting point. This paper discusses the factors that affect the occurrence of minor illegal behavior in catering units, the role of administrative punishment in correcting minor violations of law in catering units, and the problems existing in the application of administrative penalties in the correction of minor violations by administrative law enforcement agencies. Through a variety of research methods to analyze how to better regulate and use the means of administrative punishment, so as to better regulate the behavior of food operators, reduce the occurrence of light illegal behavior, and better keep the bottom line of food safety.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.16;D922.11
[Abstract]:Since the application of the Food Safety Law in 2009, we have found through the comparison of the data that the food production and business environment does not meet the hygiene requirements, and the food and beverage utensils do not meet the hygiene requirements. The number of administrative penalties for minor violations in the course of food safety supervision, such as violation of food workers' health regulations, has plummeted. Is it true that such minor violations have been reduced after the application of the Food Safety Act? Through the investigation and analysis of the actual situation, it is found that this kind of illegal behavior has not been reduced. What causes this phenomenon? How to correctly and reasonably use the legal means to effectively correct the minor illegal behavior in the food and beverage supervision, these problems encountered in the daily administrative law enforcement are worthy of our in-depth study. Therefore, this article takes the administrative punishment of the minor illegal behavior in the catering supervision as the research content, and takes the existing situation and the administrative punishment situation of the slight illegal behavior in the catering supervision in Shanghai as the starting point. This paper discusses the factors that affect the occurrence of minor illegal behavior in catering units, the role of administrative punishment in correcting minor violations of law in catering units, and the problems existing in the application of administrative penalties in the correction of minor violations by administrative law enforcement agencies. Through a variety of research methods to analyze how to better regulate and use the means of administrative punishment, so as to better regulate the behavior of food operators, reduce the occurrence of light illegal behavior, and better keep the bottom line of food safety.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.16;D922.11
【参考文献】
相关期刊论文 前10条
1 李世清;;新加坡食品安全监管调研与启示[J];工商行政管理;2011年24期
2 张淑芳;;行政处罚实施中违法行为的纠正途径[J];法学;2013年06期
3 曾世豪;陈小莲;gそ
本文编号：2372136
本文链接：https://www.wllwen.com/falvlunwen/xingzhengfalunwen/2372136.html
