論跨國食品詐欺及其治理

On Transnational Food Fraud and Its Governance

雖然沒有必然的因果關係，但不能否認跨國性的食品詐欺（transnational food fraud）是導致食品衛生安全法益（legal interests）受損的主要原因之一。本文從宏觀與國際層次的視角切入，探討此種危害廣大消費者權益但卻難以杜絕之犯罪行為，並分析目前治理食品詐欺面臨之挑戰和形成有效國際合作機制的困難。由於不可逆的貿易自由化趨勢讓食品供需鏈變得異常複雜，呈現一種網狀模式，為跨國食品詐欺犯罪提供了一個有利的誘因與環境。經由概念釐清與簡要的歷史回顧，本文提出若干治理跨國食品詐欺可以努力之方向，有利國際社會防堵食品詐欺之擴散。

There is no denying that the main reason leading to the loss of legal interests in the field of food safety and sanitation is transnational food fraud, although the cause-effect relationship between the safety and the fraud are not necessary. From the perspective of macro and international level, this paper goes over the food fraud crime which threats consumer rights broadly but has been hard to completely eradicate. Further, it also analyzes the challenges of the governance of food fraud nowadays as well as the difficulties encountered by international cooperation. Since trade liberalization has undoubtedly become irreversible that results the chain of food supply and demand in the situation of being incredibly complex, the interlaced network of food trade, therefore, is friendly of transnational food fraud in the wave of globalization. Based on the exploration of the concept of food fraud and the review of its history, this paper offers some solid suggestions benefiting the governance of food fraud and preventing the spread of it in the age of trade liberalization.