| Summary: | 碩士 === 國立中興大學 === 法律學系碩士在職專班 === 103 === Food is what matters to the people. People get daily energy and nutrition from food; therefore we can’t survive without eating. In recent years, one crisis after another that associated with food safety. Unsafety food may brings risks to human health. Thus, food safety is becoming the most important issue in our life. The Right to Health is one of the charter on human rights that Constitution guarantee.
Therefore, this study discussed the meaning of health at the beginning.And then discuss the Government have protection obligation to make sure health of citizens further. The purposes of Act Governing Food Safety and Sanitation is to stress protecting the health of citizens which is government priority. To achieve the goal of food safety and sanitation, the actions taken by the competent authority must base on risk assessment, and also obey the principles of scientific evidence, precaution, and information transparency, etc.
Formulating national policy is one of ways to protect the right of health. Besides, this study also focused on another way: citizen suit. An ancient Roman legal maxim states:“Where there is a right, there is a remedy.”, generally, which means a civil action brought in a court of law in which a plaintiff, who claims to have incurred loss as a result of a defendant actions, demands a legal or equitable remedy. But a citizen suit is a lawsuit by a private citizen to enforce a statute, and the plaintiff doesn’t have to be injured. In Taiwan, the Act Governing Food Safety and Sanitation doesn’t formulate this kind of civil suit now. In sum, after discussing different perspectives, we expect that civil suit will be concerned when government revised the Act Governing Food Safety and Sanitation in the future, and therefore to make sure that the competent authority implement the policy.
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