On The Criminal Law Regulation Of Food Safety Crimes

With the internationalization of the market economy and the rapid development of science and technology, food production and processing of the scientific and the diversity of species to enrich our life. However, the food safety problems appear constantly, and more and more serious. Food safety problems in our social life and economic development of the subtle influence of happening, the harm of food safety already exists in every aspect of every one of us. Due to the combination of the current social environment and personal desires, mutual harm to event occurrence, and virtually every one also became the others under the actions of the victims. Every one of us criticize and complain about the food safety of illegal and criminal behavior, in fact every one of us are likely to be illegal and criminal behavior of the participants or promoters. Whether colluding with food safety crime, or turn a blind eye to the food safety crime, are virtually aggravate food harm degree, further, endangering the public order of market management, including one’s own life and health. In the food safety harm in the society, no one can stay out. In this era of food safety against each other, the harm of food safety problem more and more deep, food safety crime is especially tricky. On October 1,2015 new Food Safety Law formally implemented, this is called history’s most severe of the food safety law in order to solve the problem of the new food for large area change, established food safety traceability system, such as health food, infant formula food included in the scope of the special food for the strict regulation, modify the fines, strengthen the penalties, set the minimum amount, strengthen the supervision of network of food trade, etc. No matter what type of crime, all need a variety of means for management and regulation, as a result, Criminal Law and other laws and regulations of coordination is particularly important. And of the Criminal Law about the food safety regulations and the provisions of the Food Safety Law has a series of contradictions. In the current pollution of food safety environment, both incongruous problem makes difficult to curb food safety new problems and new situation of the crime. In order to effectively prevent and punish the food safety crime, Criminal Law relevant legal provisions necessary to further adjust and modify, effective connection with the Food Safety Law, food safety crime issue should be appropriately handled.In the food safety criminal policy, Harsh and lax criminal policy defects exist in two aspects:First of all, from the perspective of the criminal law structure of harsh, overestimated the harsh penalties in treatment effect and function of the food safety crime; Secondly, from the Harsh and lax criminal policy effect of the practice of the governance of food safety crime ways, long expected result has been obtained, without the deterrence and prevention effect. We should adhere to the Criminal Policy of Combining Punishment with Leniency of the strict policy. First of all, the Criminal Policy of Combining Punishment with Leniency of the strict policy; Second, the lenient and strict as aided the criminal policy of combining.Criminal Law and the new Food Safety Law bridging defects exist in:First, the defects of legislation pattern; Second, the system of defect; Third, the objective aspect of defects; Fourth, the subjective aspect of defects; Fifth, punishment of defects. Aimed at this problem put forward the corresponding Criminal Law and the new Food Safety Law effectively improve Suggestions, including:First, the choice of the accessory criminal law; Second, as endangering public security; Third, the production and sales change to production and management; Fourth, to establish negligence mind. Fifth, improve the property punishment; Sixth, addition the qualification punishment.