Study On The Crime Of Endangering Food Safety

Food safety is related to the nation’s program and the people’s livelihood.Overthe past decade, serious food security events appeared every year.Food safetyproblems not only make the enterprise prestige sweep, toward bankruptcy, but alsoserious harm people’s personal and property security.In the current severe foodsecurity situation, the criminal law as the last line of defense to protect food safety,should further strengthen the protective effect of food safety.The new criminal lawamendment were modified accordingly. In particular, the amendment set a crimecalled food regulatory malfeasance. The punishment of offenders who conduct thecrime of harming food safety has played an active role.Should be noted thatregulations on the crime of food safety still has many problems,such as thelegislative model is going backward, crime regulation is not comprehensive,subjective sin is too narrow, the criminal fine is too principle. Aiming at theseproblems criminal law should also be further correction. The author discusses therelated problems, in order to make a contribution to food safety.This paper is write to strict relevant regulations about the crime of endangeringfood safety. The author first discusses legislation mode of food safety crime. Aboutthe legislation mode of the crime of food safety, basically there are two kinds in theother area. One is the criminal code mode, which set all related crimes in the criminallaw. The other mode,subsidiary criminal law mode is different from the criminalcode mode. In this mode., related crimes are scattered in economic and administrativelaws and regulations.In comparison, the subsidiary criminal law model has obviousadvantages.Many countries choose this mode.Many scholars also highly prasie thispattern.But the author do not approve of modifying mode. Although there are manydefects in the current mode of our country.On the choice of the legislation mode offood safety crime,we should not only learn from foreign experience, but also shouldbase on China’s national conditions.Don’t copy blindly.In order to realize the legislative model and administrative, judicial and national law belief unity andharmony.Secondly,to analyze what constitutes the crime of endangering food safety is thecritical thing for fighting against the crime of food safety,so this paper analyzes this indetail.In order to strict laws,it is necessary to analyze defects of the crime ofendangering food safety from four aspects of the elements of thecrime.Specifically,this paper treat the object of the crime as the starting point.Theobject of crime of endangering food safety is a complex objects.There are primaryand secondary points inside the complex objects,which directly determine the natureof the crime.And to define the nature of the crime is the premise andfoundation.There are disputes about which is primary point and which is thesecondary point of a complex object.These disputes lead to the dispute of determiningthe nature of the crime of endangering food safety.The view of treating the crime ofendangering food safety as a crime of endangering public safety is advocated bymany scholars,but I don’t agree with this view,and by analysis,I think the crime ofendangering food safety should be treated as economic crime.As for the objectiveaspect of the crime of endangering food safety,this paper focuses on the harmfulbehavior and objects.For example,to discuss harmful behavior of the crime ofendangering food safety,we all know that food production have to experience a seriesof interlocking behavioral processes,any link of this process appears flaws ishazardous to the safety of food on the table.At this point,compared with the law offood safety,the harmful behavior which is regulated by the Criminal Law is obviouslyinadequate,so it is unable to dovetail with the law of food safety.Thus I advocate toexpand the extent of the harmful behavior which is regulated by the Criminal Law,sodo the criminal object.The problems which appear in the objective aspect of the crimeof endangering food safety aslo exist in the aspect of the subject of the crime.They arethe problems of lacking striking range and the problem that the subject of the crime ofendangering food safety can not contain all subjects of food production andoperation.Therefore,combined with the harmful behavior,I propose to modify theexpansion of the subject’s range and at the same time to deal with crimes committedby units,and to take more attention to strictly regulate the behavior of food production enterprise.As for the subjective aspects of crime of endangering food safety,I think weshould give more stringent duty of care to the food producer and I think harmfulactions caused by acts of negligence in the process of food production and operationshould be fought against,because food safety is a very serious matter.In the last part of this paper, the author analysis penalties of the food securitycrime,especially the reconstruction of pecuniary penalty and qualification penalty.Although the consequences of this crime are serious,the voice of the masses is "Tocrackdown".But the causes of the crime is various,so we can’t just rely on aggravatingpunishments. We need to treat crime rationally.The crime of endangering food safetyis a typical administrative crime.In this part, the author also discusses the relationshipbetween the administrative penalty and punishment,in order to achieve effectivedocking of the penal and administrative penalties. So as to solve the problem ofadministrative punishment alternative punishment.