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法律表达与实践的背离见诸中国法律的诸多领域,在相当程度上影响着法律实践和法治公信力。经由司法渠道的弥合固然可以缩小表达与实践的背离度,但这并不意味着立法者在因应这一问题上的他者地位。经过多年摸索的执法检查已成为我国立法者了解法律实践情况的最常规、最稳定、最有影响的监督手段。以《食品安全法》为切入点,在风险社会语境下,执法检查在弥合法律之表达与实践背离上有着积极作用。
The departure of legal expression and practice can be seen in many fields of Chinese law, to a considerable extent, affects the legal practice and the credibility of the rule of law. Closing through judicial channels can certainly narrow the gap between expression and practice, but this does not mean that legislators should take the position of others on this issue. After years of exploration, the law enforcement inspection has become the most common, stable and influential supervisory tool for legislators in our country to understand the legal practice. Taking the “Food Safety Law” as an entry point, in the context of risk society, law enforcement inspection plays a positive role in bridging the expression of law and departure from practice.