Legislative Analysis Of Food Regulatory Malfeasance Cirme

Food safety is a paramount concern about public health and national economyand the people’s livelihood.Food safety regulation malfeasance not only meansgovernment failing to fulfill its management function,but also threatens people’srights of life and health.As the saying goes,"to run a country is to run its publicfunctionary first".It is the inevitable requirement in order to develop our countryinto socialist country ruled by law that officials who undertake the duty of regulatingfood safety but have committed food safety regulation malfeasance deserve severepunishment.Guided by this belief,Therefore Criminal Law Amendment(H)set the"crime of food regulatory malfeasance".But,there are defects and shortcomings inthe term of"crime of food regulatory malfeasance"in"Criminal Law Amendment(H)",the legislation itself needs to define clearly where there are still many,whichshould be amended.In addition,judicial practice has not yet broken on the first caseof this crime.The author providing interpretation in-depth with the legislative andjudicial practices to resolve possible problem,starts researching deeply into foodsafety regulation malfeasance.Centering on the study on legislation of food safety regulation malfeasance,here I’d overview and have a detailed analysis over the legislation of the crime andpoint out the deficiency on legislation through interpreting the crime.Giving anoutlook about the legal practice through analyst the status of food safety regulationmalfeasance,in order to control the office’s negligence on food safety protection anddecrease the occurrence of the food safety accidents.Scientific Concept ofDevelopment require us pay attention not only on economic development,but alsoon the food safety protection,so to create a harmony world with food safety.The first section is a general introduction of the legislation background,thedefinition and features,and the significance of criminalizing of food safetyregulation malfeasance.After the introduction,a deep academic analysis on food safety regulation malfeasance is practiced,aiming at discovering the drawbacks ofcurrent legislation and putting forward corresponding legislative proposal from theperspectives of the subject of crime,culpability and statutory sentence.First,thejudicial interpretation of the"crime of food regulatory malfeasance"charges may notbe scientific and reasonable.If we adopt"dereliction of duty of food regulation"and"crime of abuse of food regulation",it will be more in line with the basicrequirements that we determine a crime according to the charges.Second,it willbetter accommodate the current actual demand of punishing those who havecommitted food safety regulation malfeasance to replace the functionaries of organsof state with civil servants as the subject of food safety regulation malfeasance.Third,in regard with culpability,the subjective culpability of abuse of authority andmalfeasance should be made clear.Also,intentional crimes and negligent crimesshould be set separately and corresponding statutory sentences should be prescribedrespectively.Besides,the author declares the addition of prescription of dangerouscriminal to be necessary.Meanwhile,as to the delimitation of harmful consequences,the author suggests relevant judicial interpretation being introduced,so as toestablish criterion of delimitation.In the final section,as to the issue of statutorysentences,it is suggested that fine penalty and qualification penalty be added asaccessory punishments makes kinds of punishment more reasonable and practical,which gives varied treatments towards food monitoring and management malpracticecrime,facilitating judicial process and better preventing and punishing food safetyregulation malfeasance.The above legislative changes fully illustrate the generalprincipals of criminal law of responsibility for criminal suit,sustainably improve thecriminal legislation,and better promote further development of judicatory practice.