近年来,食品药品安全事件频发,不仅对行业发展带来强烈的冲击,更重要的是对公众的生命健康带来了不可逆转的伤害,政府部门的公信力下降、执政能力也由此受到质疑。为此,本文试从行政法中依法行政原则的原理出发,结合对近年来食品药品安全事件的反思,立足食品药品日常监管中面临的常见问题,讨论依法行政原则在新形势下的运用和完善。传统观念认为,行政法作为公法一部分,应遵循依法行政原则,其中的法律保留原则要求行政职权的行使应以法律为起点,食品药品监管也应不例外。但随着国家职能的转变、市场的不断发展,实践中的安全事件和日常监管中不断遇到的问题,让人们不得不面临法律的正当性问题。为确保公众饮食用药安全,保障社会成员的生命健康权,实现以人为本和可持续发展的执政理念,食品药品监管应从传统的秩序行政理念转变为服务行政,着力于提供安全可控的公共产品。在此对依法行政原则的理解应赋予时代特点,在不违背法律精神和立法意图的前提下积极行使职权,以保障公众的最基本的权利即生命健康权。 In recent years, the frequent occurrence of food and drug safety incidents not only has a strong impact on the development of the industry, but more importantly it has caused irreversible harm to the public's life and health. The credibility of government departments has also dropped and the ability to govern has also been questioned . Therefore, based on the principle of legally administrating principle in administrative law, combined with the reflection on food and drug safety incidents in recent years, this paper tries to discuss the application and perfection of the principle of legality administration in the new situation based on the common problems in daily supervision of food and drug. . The traditional view holds that administrative law as a part of public law should follow the principle of administration according to law, of which the principle of legal reservation requires that the exercise of administrative powers should start from the law, and the supervision of food and drug products should also be no exception. However, with the change of national functions, the continuous development of the market, the continual problems encountered in the practice of security incidents and routine supervision, people have to face the legal legitimacy. In order to ensure the safety of food for the general public, protect the right to life and health of members of the society, and realize the people-oriented and sustainable development concept of governance, food and drug regulation should shift from the traditional concept of order administration to service administration with a focus on providing safe and controllable public goods. In this understanding of the principle of legally administrating should be given the characteristics of the times, and without prejudice to the spirit of the law and the legislative intent, the government should actively exercise its functions and powers to protect the most basic rights of the public as the right to life and health.