" false bean curd " The ones that torture and enforce the law " Standard reliance "

" false bean curd " The ones that torture and enforce the law " Standard reliance "
There is what illegal factory produces on markets such as Hubei, Nanjing and other places recently " The bean curd of artificial synthesis " Sell. The traditional bean curd is grinding into the soya-bean milk with the soybean, and then add the gypsum, is made of some bittern methods, but artificial synthesis bean curd to separate albumen, sex change starch and pale pigment, stir, precipitate, make with soybean, not only without nutrition,but also have added pigment and food additive yet. But relevant experts claim, under the present standard, the country has clear regulations on protein content of soyfood that the traditional craft has been produced, but have no standard to the bean curd of artificial synthesis on protein content, it is very difficult to judge to violate legal provisions. (" Yangzi Evening " in December 29, 2010)
Several years ago, some ground of Henan worked out one " steamed bun was done " ,Have made the standardized regulation to shape, size, color and luster of the steamed bun,etc., end up in nothing definite under public chatting about with smile. The national standardized committee planned to presume for the steamed bun again later " The national standard " ,Leave one laughing stock and over in vain. The more standards are not, the better standards are, goods are a kind of manifestation that the market economy grow prosperity.
However, it is indispensable that some mark the criterion, for example involve " ensure the healthing, safety of human life and property " ,Should be implemented according to the regulation of " Standardization Act of the People's Republic of China " " The mandatory standard " . But in this respect " The standard " Seem to always awkward, the side hate few while using. The enforcer does not have " The standard " Can depend on, as a result, red food, poisonous milk power, bromine sour potassium bread in the Sudan,etc. rise one after another, make you eat in today, it will be itching to vomit tomorrow, very at a disturbance of the heart.
And some standards are difficult to make, the reason is except standard. For example some food security experts appeal for forbidding as soon as possible recently " Brightening agent of flour " ,But is supervised the office judged by Ministry of Public Health " The death penalty with reprieve " In one year, the public decision Deputy Director of research center Wang ZhenYu of China University of Political Science Law said the whole story among them: Keep in check besides the interests of relevant enterprises, may lie in the time limit that the government permits using has not arrived, suddenly " made it rigidly uniform " Forbid,make probably relevant enterprise " last interests " The ones that damaged disliked.
On September 20 last year, Ministry of Public Health approved " national standard management of the food security ", I wish it beneficial to our ordinary people's life and health " The standard " Can issue as soon as possible, but not will only see " makes the standard " " manage the standard " Standard one by one.
In the face of numerous and complicated and complicated social life, and does not talk about the standard, can not even law attend to each and every aspect of a matter. Bordon and Hamer of U.S.A. has said, the law is a mansion with a lot of halls, room, re-entrant angle, corner, it is very difficult to want to illuminate at one time with a lamp. It is very interesting that ancient Athens fights the agenda of God Mountain and knows to officers, to the case without legal norm, come sentence " whether front yard this understand case this, pass, review 100 " Finish. In order to limit such perfunctory behavior of judicial personnel, has created " a judge can't refuse to try " on the judicial system Rule,it is concrete without being had it is legal clause, be be be can analogize for laws other judgeddedded, even applicable folk custom, should make a result too.
In administrative law enforcement, some enforcers have obviously suffered from " standard reliance disease " . Such as for the previous period " The false egg " When present the market, food medicines are supervised, after agriculture and forestry, industry and commerce, quality supervising, consultation of getting together in five departments of hygiene, but draw unanimous conclusion finally: "There is not a national standard of the egg temporarily at present, can't judge the true and false of this batch of eggs. " Is not grown out by the chicken at all, can be called the egg? This wants the standard too. In " false bean curd " In the incident, " the country has clear regulations on producing protein content of soyfood under in traditional craft " ,Then, since it presses " bean curd " on the market Sell, why not applicable to this standard to investigate and prosecute? Whether it lets today " The bean curd of artificial synthesis " Will make a standard soon, it will also call " Hi-Tech bean curd " tomorrow Will change a standard again again?
" standard " It is not omnipotent, social general knowledge about good at using basically in the departmenting, use the relevant laws and regulations flexibly, solve the realistic issue perplexing masses in time, in order to ensure the food security, this's the highest " standard " of the administrative law enforcement .

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