On China's Food Safety Crime Criminal Regulation

Food is the basis for mankind living and developing. When food safety incidentsoccur, they may jeopardize such human living and developing, not to mention thedevelopment and stability of society. Therefore, weather developing or developedcountries, should place food safety as a very important issue. Since China’sopening-up policy, the market economy has developed rapidly, the level of nationalincome has been growing fast. But the establishment of the environmental protection,food safety, spiritual civilization is relatively slow, which became a “short board’ toslow down the rapid development of society as a whole. Especially continuouslyoccurrence of food safety incidents, people are losing fate to the Chinese foodindustry. According to a survey among China, in the period of the process of buildinga moderately prosperous society, food safety issue got most public attention in2012.Taking into account the important position of the criminal law in the fight againstillegal and criminal,"criminal law" is playing an important role in food safetyregulation, and becomes inevitable national legal construction. This article beginswith China’s criminal law, by analyzing some of the problems that exist in the existingprovisions, raises some comments and suggestions to further improve the criminal lawprotection of food safety.The article mainly consists of four chapters. The first chapter briefly describesthe importance of food safety crime criminal law regulation. Food safety, as everyfamily, every nation, every country and even the entire human society the most directand realistic problems of common concern, has its important social attributes. Foodsafety is a major livelihood issue, affect the development of the economy, in the viewof the function of criminal law and development trend of the international community,food safety crime in criminal law regulation is the necessity of developing the rule oflaw. Chapter ii from the perspective of food safety crime criminal law regulation ofthe legal evolution and the analysis on the basic crime of endangering the foodsecurity, summarizes the present status of food safety crime criminal law regulation.The third chapter is based on the author’s understanding, analyses some problemsexisting in the current food safety regulation of criminal law, such as food safetycrime identified not accurate, the relevant provisions are not perfectly consistent. Thefourth chapter further discusses the food safety crime criminal law, put forward several suggestions to our country’s food safety crime criminal law: One is classifiedfood safety crime in the crime of endangering public security; Second is to perfectcriminal responsibilities according to the food safety law, such as food transportationlink and food packaging materials, containers, detergents, disinfectants, and setcertain crime regulations for food production and business needed tools, equipment,etc.; Thirdly, it is to add a criminal crime as holding dangerous food; Fourth is settingcriminal responsibilities scientifically and properly, such as identify producing andselling food products that does not comply with the safety standards as criminalbehavior. Draw lessons from the practices of other countries, in order to fight againstfood safety crime more effectively, protect people’s health and life safety, in the lastchapter, the author puts forward the proper application of the precautionary principlein the food safety crime.