The Analysis of the Law of Food Sanitation and Safety Reform Amendments-From the Viewpoint of Constitutional Economics

碩士 === 國立高雄應用科技大學 === 財富與稅務管理系 === 104 === Due to the inferior lard incident of Ting Hsin International Group broke out, the Law of Food Sanitation and Safety was forced to revise and done in 12.16.2015. Up to now, doubts derived from amendments, including the principle of non-retroactivity, Individ...

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Bibliographic Details
Main Authors: DAI,SHIH-MING, 戴士銘
Other Authors: HO,YU-MING
Format: Others
Language:zh-TW
Published: 2016
Online Access:http://ndltd.ncl.edu.tw/handle/9mpsg3
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Summary:碩士 === 國立高雄應用科技大學 === 財富與稅務管理系 === 104 === Due to the inferior lard incident of Ting Hsin International Group broke out, the Law of Food Sanitation and Safety was forced to revise and done in 12.16.2015. Up to now, doubts derived from amendments, including the principle of non-retroactivity, Individual rights, etc. However, the Law of Food Sanitation and Safety involves in protection of human’s right to health and right to live; corporate financial performance and cost; government supervision and legislative performance. Thus, how to balance all of government, enterprise and people equities is a major problem for reform amendments. This study features the viewpoint of constitutional economics and transaction cost theory, from utilitarianism to neoliberalism, by which we shall understand what criterions that the contemporary legitimacy policies followed are, and how to foster Pareto Improvement. Including the economics analysis of whether the principle of non-retroactivity applies for the suit bringing and interpreting a case study of Ting Hsin International Group. The finding shows that the Law of Food Sanitation and Safety reform amendments and the principle of non-retroactivity applied should be followed “The Formula of Humanity as End” and “Value pluralism”. Do not give priority to maximum utility in short-term. By featuring the veil of uncertainty and subsidy clauses, the reform amendments would be able to create lower transaction cost, get in consensus easily and foster Pareto Improvement. The goal of the Law of Food Sanitation and Safety would be truly actualize, as well as bringing bliss to the people.