经济全球化使得割裂式的各国国内规制体系、市场体系以及政府间国际组织机制无法有效回应公众需求,因此,以私人标准为代表的跨国私人规制方式应运而生。以食品为例,全球范围产生了许多有影响力的企业和国际非政府组织标准。私人标准回应了国家食品安全立法对食品生产经营者责任的强调,体现了各类主体共同参与食品安全规制的理念,突破了传统政府与市场、国家与国家、公与私之间界分的主导模式,呈现出多元治理的形态。然而,私人标准也存在合法性问题,对国际与国内规范、公法与私法规范均提出挑战。理论的回应有全球行政法和跨国私法两种视角,研讨有益于提升中国国内规制水准和参与全球治理的能力。 Economic globalization makes the fragmented domestic regulatory system, market system and inter-governmental international organization mechanism unable to effectively respond to the public demand. Therefore, the private international regulatory system is represented by private standards. In the case of food, many influential business and international non-governmental organization standards have emerged around the world. Private standards have responded to the emphasis placed by the national food safety legislation on the responsibility of food producers and operators and embodied the concept of various types of subjects participating in the food safety regulation and breaking the dominance of the boundaries between traditional government and markets, countries and countries, and between public and private sectors Mode, showing a multi-governance shape. However, there are also issues of legitimacy in private standards, which challenge both international and domestic norms, public law and private law norms. Theoretical responses include global administration law and cross-national private law perspectives that discuss the ability to benefit China’s domestic regulation and participation in global governance.