Research On The Crime Of Dereliction Of Food Supervision

Due to the grim situation of food safety crime and the obvious lag of administrative regulations, Amendment(VIII) to the Criminal Law of the People’s Republic of China adds the food regulatory malfeasance to build the powerful legal barriers. Because the terms of the food regulatory malfeasance has its limitations, he issues of the subjective aspect, the causal relationship and judicial determination are controversial among the criminal law’s academia. This article regards the food regulatory malfeasance as the research target in the risky society. This article is based on the theory of supervisory negligence and objective rule as the article clues to elaborate the crime of food regulatory malfeasance. According to the concept of Risky Criminal law expands the circle of crime, the food regulatory malfeasance is putted into abstract dangerous offender.It is not only realize the interference before the criminal law but also protect the legal interest better. In the subjective aspect, the article introduces the theory of negligence in supervision based on analyzing the intentional theory, negligence theory and mixed subjective theory.