| Food is the necessities of our daily lives and the material base of human’ssurvival and development.In recent years, the food safety issue which is continuousexposed is very serious.It brings the enormous harm to people’s health and socialorder. Food safety is closely related to people’s livelihood, all fields of society payclose attention to it.Criminal law also set the corresponding charges for food safety.The latest changed rules about Food Safety Crime in the eighth amendment ofcriminal law show the determination and confidence of that our country has increasedthe strength against food safety crime.This article analysis the related regulations ofthe existing criminal law to understand the relevant provisions of food safety crimefurther, finally study on criminal protection of food safety.Besides the introduciton, the article is divided into four sections.Chapter1:the overview of food safety crime.This part mainly introduces the basicsituation of food safety and food safety crime. Food safety is a wide range ofconcept,which has relationship with food sanitation and food quality each other. Foodsafety crime has its obvious characteristics, which includes three charges of producingand selling the food that is not accord with the food safety standards sin andproducing and selling poisonous and harmful food sin and food regulatorymalfeasance sin.Chapter2:the legislative and judicial situation of food safety crime in our country.This part mainly inroduces the legislation history of food safety crime and the legislative and judicial situation. Food safety crime legislation is the long-term history,and is in the process of improving gradually. This article summarize the changed rulesabout Food Safety Crime in the eighth amendment of criminal law, which suit thelatest legislation dynamics.This part also focus on the problem in judicial activities offood safety crime, which reflect the application of relevant legislation.Chapter3:the analysis of specific problems of food safety crime in our country.This part gradually spread specific problems research on food safety crime.Thesimilar object and subjective apect have been the focus of the debate.We think that thesimilar object of food safety crime should be endangering pubic security and thesubjective apect should be intentional,which includes direct intentional and indirectintentional.At the same time, we advocate negligence can also constitue suchcrime.The joint crime of food safety crime mainly research on the phenomenon ofjoint crime and criminal responsibiliy identification.Then we could understand therelevant provisions of food safety crime more clearly and clear relationship among sinthrough the analysis of the difference between the food safety crime and theapproximate crime on cases of ShangHai’s dyeing steamed bread and clenbuterol.Chapter4:the prospects of criminal protection of food safety in our country. Thispart puts suggestions and hope of criminal protection of food safety throughelaboratting three apects of the conviction,the penalty and supervision. Firstly, wesuggest increasing crime circle, putting the behavior of holding, refuseing to recalland producing and selling toxic and harmful non-food matericals into crime circle.Itcan give full play to the deterrent of criminal law. Secondly, fine punishment isuniversally applicable supplementary punishment to food safety crime. The finepunishment for the unit crime and hunman crime should be distinguished. Weadvocate the unit crime should be fined, according to the amount of the fine of naturalperson one time to five times.The producing and selling poisonous and harmful food sin can be the death penaltyfor sin, but it should be the reasonable death penalty under the trend of lightpunishment in the criminal law,we could use judicial control to realize it. Finally,increaseing the supervision of food safety efforts also is a effective measure to criminal protection of food safety. We should make efforts to the administrativesupervision, judicial safeguard and the media supervision.It can contain and preventthe food safety crime through the effective regulatory. |
