從警察任務探討食品安全之危害防止

Discussion on Prevention of Harm to Food Safety from Police Tasks

警察賦有危害防止與犯行追緝之雙重任務，並具有高度強制力，除了執行本身任務外，亦常參與協助其他一般行政機關執行任務。在此針對食品安全之危害防止任務上，警察依據相關法制亦提供協助，尤其針對食品安全查核措施上。故本文首先論述警察任務之法理，作為立論之依據，探討食品安全之危害防止以及針對現行食品安全法制之檢討。而本文論述概要內容認為，針對食品安全之危害防止，從任務之競合而言，警察措施介入食品安全衛生管理，仍屬職務協助或基於輔助原則。另健康權雖未明訂於憲法，然而從相關規範觀察，無論從我國憲法概括基本權、憲法增修條文，或者比較法之觀點，在在顯示，人民健康係憲法位階之問題。近年來，黑心食品戕害臺灣人民，更是時有所見，故預防重於結果之處置，在此食品安全係危害防止法制實踐之一環，應著重危害預防之成效。另有關食品安全查核，借助並非食品安全專業之警察，是否具有強制力之實效，而有查核之效果。在此檢討，主管食品安全機關，具有專業判別能力，如何強化執行力與強制力，亦應是未來執法重點。

The police has a dual task of preventing harm and hunting offenses, and has a high degree of coercion. In addition to performing its own tasks, the police also often participate in assisting other general administrative agencies in performing their tasks. In this regard, the police also provide assistance in accordance with the relevant legal system in the task of preventing food safety hazards, especially for food safety inspection measures. Therefore, this article first discusses the jurisprudence of police tasks as the basis for an argument, discusses the prevention of food safety hazards, and reviews the current food safety legal system. However, the summary content of this article argues that, for the prevention of food safety hazards, from the perspective of co-operation, police intervention in food safety and health management is still job assistance or based on the principle of assistance. In addition, although the right to health is not explicitly stipulated in the constitution, from the perspective of relevant norms, whether it is from the viewpoint of the generalization of basic rights, constitutional amendments, or comparative law in our constitution, it is showing that people’s health is a constitutional issue. In recent years, black-hearted food has harmed the people of Taiwan, and it has been seen from time to time. Therefore, prevention is more important than results. Food safety is a part of the legal practice of prevention of hazards. In addition, with regard to food safety checks, with the help of police who are not food safety professionals, they have the effect of coercive force and have the effect of checking. In this review, the competent food safety agency has professional discrimination capabilities, and how to strengthen enforcement and enforcement should also be the focus of future law enforcement.