The Research On The Criminal Regulation Of Food Safety

Food is everyone's basic needs to survive, while the food security situation is even more bearing on social stability and national fitness of the future, in today's fast-growing economy and culture, food safety has become a major concern of the people closely. However in recent years, many problems of food security, 2004 in Xiamen, "waste oil" the first case, Hebei Sanlu milk powder case and the "one drop of incense" and other food additives caused a crisis of confidence for the whole community on the status of food safety produce extreme anxiety and doubt, based on this, even more desperately needed to strengthen the criminal law the regulation of food safety issues. This article will focus on the following aspects:The first part describes a typical case of food safety in order to explain the domestic severe food problems. On this basis, to explore current criminal law standard of food shortage crime. Specific issues related to crime rings narrow, low charges and the legal punishment unreasonable classification problems.The second part, for the problems of criminal law, targeted proposals for reform. For example, the food safety from the third chapter of crime to adjust to the second class chapter crimes endangering public security, and expand food safety class crimes against the scope and improve the amount of such fines, to raise awareness of food safety "supervision misconduct "of punishment. meanwhile, considered the complexity of food safety crime, the author advocates the introduction of the criminal law system of punitive damages, and set the "producers, food sellers refused to recall the crime problem".Finally, in the light punishment has become the mainstream of the historical context, the newly revised "eight amendments to the Criminal Code" still choose to keep the food safety of crime in the death penalty, I believe that this choice consistent with the reality of domestic food safety requirements, and thus for the position on the need to retain the death penalty and the death penalty in the food safety of crime restrictive conditions applicable to analysis.