Research On The Criminal Protection Of Food Safety

Food is the most basic substance for us human beings to survive and develop. Foodsecurity is the basic requirement of national stability, and social development. Every yearmillions of people all over the world become ill or dead because of food security problems,which makes it an issue to be concerned by us humans. Because our country is in thetransition period of food structure, we are facing more challenges than developed countries.In recent years, China’s food security problems come to the light,and criminal activitieswhich do security occur occasionally.They are not only damaging the order of the socialistmarket economy but also causes serious harm to people’s life and property security. Facingthe security of more and more severe food security problems, and people’s unlimitedexpectations, lawmakers have been exploring a perfect way. Criminal law amendment (8)have modified and added the related laws, reflecting the country and lawmakers’ attention tofood security, to some extent, also play a perfect effect, but because the legislation techniquesand other influences, China’s food security criminal legislation is till to be completed. Thispaper starts from the concept of food security protection of criminal law and historicalevolution, by starting to reveal the present situation of food security protection of threespecific crime analyses of our country criminal law, and then through the criminal law oughtto forces of China’s food security and exploring the shortcomings of criminal legislation forthe improvement of the legislation related to put forward some suggestions.The article divides into three parts:The first part is the overview of the criminal law of food security protection. This is thepoint of the article, including the concept of criminal law of food security protection, that isthe concept of food security, the concept of food security protection of criminal law, thesignificance of food security protection of criminal law. Also includes the history of foodsecurity protection of criminal law, which covers the historical evolution analysis of China’sfood security system of the criminal law, also covers the historical evolution of the foreignfood security system of criminal law and can be summed up the experience of the reference.The article thinks: the so-called food security protection of criminal law refers to the way with criminal law regulates the crime of harmful food security, and to be specific, to make harmfulfood security’ behavior be criminal by the legislation of the food security, and set up withsuitable punishment, which shall be investigated for criminal responsibility of the relevantperson. In addition, it is very important to punish the behavior of destructing the food securityaccording to the criminal law. This is mainly embodied in the huge harmfulness of foodsecurity of the crime itself，the sternness of criminal law and final security function. Thearticle makes the generalization according to the historical evolution and current situation offoreign food security laws system and gets the experience that can be referred. All in all, the"almost perfect" and advancement of developed countries’ law system are not only reflect incomprehensive regulatory, the system’s integrity, but also the most important is that thevarious departments are coordinated. This requires not only have to pay attention to thecriminal law’s the role of the crime in the regulation of food security, but also pay attention toits effect can’t be superstitious. To perfect criminal law itself also should pay attention to thelink and coordination of criminal law and other laws, otherwise it is also very important to setup the consciousness of "prevention first".The second part is the present situation of China’s food security criminal legislation. Partof this is the foundation of the article’s discussion.This paper aims to make suggestions forthe regulation of food security of the criminal law, so the analysis of the present situation isthe foundation of finding the problem and solving the problem. This part at the first includesthe analysis of the sin of produce, sell the poisonous, harmful food and not conform to thesecurity standards of food and the solution to the difficulty which in the application; Secondlyalso includes criminal law amendment (8) of the legislative background and theoretical basisof monitoring and misconduct of food security which is added, the analysis of the crime andhuman should pay attention to the problem.The crime mainly includes three charges of subject, object, the subjective and objectiveanalysis; three difficult problem of charges including the criminal target, criminal behavior,and the cognizance of the sin; In addition to food security regulatory malfeasance is based onthe theory of supervision and fault theory.The third part is the shortcomings and the consummation of China’s food security of the criminal legislation. This is the foothold of the whole text.The shortage of China’s food security of criminal legislation mainly includes theinadaptability of the legislation idea and the flaws of legislative practice. The inadaptability ofthe legislation idea refers to the criminal legislation can’t adapt to the risky society and theconcept of the current legislation can’t match the people’s growing consciousness of safety.The flaws of the legislative practice mainly include: the scope of the crime is narrow, thelegal standard is not clear, the penalty is not perfect, and the lack of type crime, regulation offood security, criminal law system is not perfected, the belong of the food security’s crimesystem is not reasonable.The third part on the basis of analyzing of the above problems also proposes somesuggestions for China’s food security of criminal legislation which is the further improvement.This article firstly discussed the necessity of improving the food security of criminallegislation, and then put forward these aspects as perfect strategy from the legislation idea andconcrete measures.One of the perfection of the legislation idea refers to improve food security criminallegislation which need to hold the advanced legislation idea: introduce the concept of legalfiction into the food security regulation of criminal law and take the concept of the"people-oriented" of the rule of law into practice.The measures of perfecting the food security is summarized: one is the amendment to therelated charges, such as expanding the description of some sins, expanding the regulatedscope of relevant charges, and add the type of the crime.Secondly, improve the setting of the punishment, including the perfect of setting finepunishment, and the punishment of the qualification provisions, adjust the belonging of thesystem of the food of crime.