Research On Food Regulatory Malfeasance

In recent years, China’s economic situation has make a spurt of progress of development, people’s living standard has been improved to keep pace with the times. However, everything has its two sides, the rapid development of economy is no exception, it brings the improvement of living standards at the same time to the people, it also brings some disadvantages. In the light of food safety crime, since "the melamine" event, the food safety problem in our country not only to contain the situation, but more and more bad. The occurrence of this phenomenon is not only an issue of food producers and sellers of responsibility, food safety regulators is to blame. Practice favoritism and malpractice regulators, not only lead to the issue of food on the market, let the food safety crime, more profane the regulators themselves as the country staff duty, has brought serious negative influence to the state and society. So, we must severely crack down on crimes of food safety regulator. In May1,2011the "PRC Criminal Law Amendment (eight)" the formal implementation of the "criminal law", in408th after adding a "food regulatory malfeasance"(the Supreme People’s court, the Supreme People’s Procuratorate announced in April28th on the implementation of "PRC Criminal Law" of the supplementary provisions to determine charges (five supplementary)"food regulatory malfeasance"), which is that "the state personnel responsible for the food safety supervision and management duties, breach of privilege or be forgetful of one’s duties, causing a major food safety accidents or other serious consequences, is less than five years imprisonment or criminal detention; if the consequences are especially serious, five years more than ten years in prison. Play favoritism and commit irregularities committed the crime mentioned in the preceding paragraph, shall be given a heavier punishment." This provision, the malfeasance of food safety regulator convicted. The use of specific judicial practice of this crime is controversial,, but this practice is worth affirmation is, legislators to the malfeasance crime clearly, also indicates the state of food safety issues of concern and attention. But due to the limitations clause itself regulations, criminal law theory and the judicial practice of this crime and other crime constitution judicial cognizance conditions and specific behavior and judicial application still exist many disputes. In this paper, food regulatory malfeasance as the research object, analyzes the origin of the food gradually regulatory malfeasance criminal legislation, to further explore the constituent elements of the criminal offense, combined with specific cases of food regulatory malfeasance may relate to issues related to the analysis and research, in order to achieve food regulatory malfeasance fully understand and apply.This paper is divided into the following four parts:The first part, this part briefly elaborated on China’s food safety supervision from the development history of the regulation of administrative law to criminal law regulation and evaluation.The second part, this part mainly from the perspective of the criminal law,"the traditional four elements" based on the constitution of crime theory system to constitute crime elements of food safety regulatory malfeasance are analyzed briefly, the main sequence for the object of crime, objective aspect of crime, subject of crime, subjective aspect of crime.The third part, Discusses the food safety supervision and dereliction of duty applicable to specific problems in the judicial practice. First, given the regulatory dereliction of duty for the food on the grounds that the offenses identified in the analysis, and then distinguish the boundaries of food and related regulatory malfeasance crime or offenses between, mainly from the food regulatory malfeasance and abuse of power, dereliction of duty; food regulation dereliction of duty and taking bribes; indulgence food regulatory malfeasance and selling shoddy goods crime and other criminal acts three aspects are analyzed and discussed in order to be able to be very good for the judicial practice to provide a more accurate count of the division in the identification of such standards. Then analyzed for the sins of common crime, and for this problem presents some of his own shallow view. Finally supervise judicial determination of judicial determination of negligence and misconduct in the crimes and errors in the work to be considered for food between regulatory malfeasance crime.The fourth part, Contents of this section is mainly for food safety supervision and dereliction of duty applicable to problems in judicial practice made some superficial recommendations. Specific mainly to reduce food safety supervision and dereliction of duty from the criminal standard; in the penalty for such a crime free sentence at the same time, attention should be paid the applicable criminal fine; strengthen law enforcement efforts in the area of food safety regulation.