An Empirical Study Of China’s Food Safety Crimes

Social governance is a systematic process of institutional interaction.Good social governance effect is good run in the elements of self-range and good cooperation and coordination with each other.Understanding of this system of governance structure made??by the legal norms, policies, norms and ethics from the behavioral norms angle level.However, the law is one of the most guiding role.Therefore, the occurrence of the crime, food safety, is the interactive result of the lack of co-ordination of social governance, law, especially criminal law governance run of poor results.China’s criminal law for the crime, food safety governance, according to the specification object can be divided into two categories:First, the food operators, two bears regulatory responsibility for food safety enforcement;According to the normative content can be divided into two categories:one count of second penalty.Social governance of the criminal law, the process of socialization is a criminal law offenses and penalties applicable for the realization of elements.Charges applicable, divided into four categories:First class of production and operation counts of illegal operation of such charges, three counts of endangering public safety class, four regulatory class of dereliction of duty charges.The fourth category of offenses in the four categories of offenses is a special subject, constitute only have to bear the the food regulatory powers and responsibilities of the staff, the other three categories are the main body of the same type.Scientists concluded that the first offense to incriminate excessive conditions and regulatory aspects too narrow, that the second type of offenses and charges "counts of pocket" suspects, the fourth offense incriminate conditions is too highuln addition, food safety crime penalty structure, main and supplementary punishment.Principal punishments, criminal detention, freedom of punishment and life sentence, the supplementary punishment by fine penalty and punishment of deprivation of political rights.Generally believed that the actual criminal law reality torture and regulations in China made??food safety a crime, the penalty is too light, not enough to deter the offenders.This view is a departure from the actual provisions of the criminal law. China’s food safety crime penalty of a maximum penalty of life sentence, which belong in the international harsh.Governance of criminal law is a man-made process, thus judicial workers the most accurate understanding of the spirit of the criminal law, most close to the interpretation of the criminal law intent, relating to the actual effect of the Penal Code. However, in the actual practice of China’s food safety crime judicial process, the interpretation of those one-sided interpretation or error of interpretation is often the case. Especially under the influence of the pressure of public opinion and criminal policy incriminate interpretation and the interpretation of the Basic Law for the results of practical situations.For example, In recent years. China’s food safety crime criminal law areas of governance there are different penalties for the same behavior, the same charges punishment; fallback provision more frequently apply. Criminal responsibility and administrative responsibility, civil uncoordinated, especially severe sentence light civil compensation civil claim to compete for profit. The reason there are two categories:criminal law norms problem. For example, the charges set strict penalties set of imperfect. The second is the problem of judicial practice, Such as the judicial legal practice of the limited capacity of the professional quality of the judiciary is not. The third is the criminal law research questions. For example, heavy theory and practice of light caused by the Criminal Law centrism "Only the Criminal Code tendency revisionism.A perfect crime, food safety governance system must be an interactive system of governance. The primary implementation mechanism of internal coordination. Criminal law system of governance of food safety crime charges should be sufficiently rigorous combination of penalty structure should improve. But most of all judicial practice can accurately expressed in good faith the law, criminal law wizard correctly the direction of the criminal law process.