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公共警告业已成为我国当下食品安全监管的重要手段,但相关的学理研究及法律规定都欠成熟。就食品安全监管部门所作出的公共警告而言,尚存在发布权限不明、程序保障不足及责任机制匮乏等弊病;由于自律及他律机制的缺乏,媒体对公共警告的不当传播也加剧了食品安全监管领域的混乱。为了有效维护受警告企业的合法权益,预防性诉讼和媒体侵权赔偿诉讼是可以尝试的重要救济路径。
Public warning has become an important measure for the current food safety regulation in our country, but the relevant academic researches and laws and regulations are not mature enough. In terms of public warnings issued by the food safety regulatory authorities, there are still some shortcomings such as the issue of unclear authority, insufficient procedural safeguards and lack of accountability mechanisms. Due to the lack of self-regulation and other legal mechanisms, the media’s improper dissemination of public warnings has also exacerbated food safety Regulatory confusion. In order to effectively safeguard the legitimate rights and interests of enterprises warned, preventive litigation and media infringement compensation litigation is an important relief route that can be tried.