Inquiry Of The Issues Of Food Safety Crime In Criminal Law

First, This paper puts forward typical cases of food safety crime, for example :The clenbuterol case, The melamine case, and food safety crime typical cases in the court proceedings. Based on the typical cases of the crime qualitative and system such as the analysis of the problem, find out the existing problems, and as an opportunity to analyze its legal cohesion, the improvement of the legal position, charge system, etc.Using a variety of legal research method to study and analysis on food safety issues,including using the method of literature research to relevant academic journals, papers are summarized, sorting, refine their own opinions and standpoints; Using comparative analysis method contrast different view and national law, find out the most suitable for food safety criminal law regulation method; Using empirical analysis method, through the analysis of many typical food safety case study points out the insufficiencies of food safety legislation at present stage and loopholes, find the perfect method; By utilizing the method of normative analysis, at present the search within the framework of the legal system and the way of explanation, in order to seek the best solution. Finally based on the research of the food safety crime case,find out the present food safety crime legislation, concept, etc, and proposed the corresponding solution, on the concept of food safety crime legislation and perfect puts forward his own opinion.This paper include three parts: introduction, text and epilogue, the text is divided into four chapters.The first chapter, the food safety crime typical case evaluation and reflection.This chapter is based on the typical and recent food safety case, find out the existing problems, through the criminal law on food safety regulation to perfect.The second chapter, the summary of food safety. This chapter on food, food safety and food safety crime concept has carried on the analysis, in order to clear the connotation and extension of the concept of related, for lack of below to find out.Using the part of this paper expounds the of the legislation history of the food safety law, find out the evolution process of the Chinese concept of food safety legislation.Finally, the current food safety crime in the criminal law charges system are expounded, for the following analysis problems, perfecting the system of charges.The third chapter, food safety crime criminal law related problem analysis. This chapter is the emphasis and difficulty in this article, mainly expounds the problems existing in the current food safety crime in the criminal law. First of all, the concept of food safety in the insufficiency, for food safety crime is "folded and lax," before lawmakers often by increasing the severe degree of law and to achieve the purpose of deterring crime, but facts have proved that this method the effect is not very desirable,and intentional crime and locate specific dangerous crimes and to the food safety crime of criminal law regulation had a negative effect. Second, "criminal law" and "food safety" problems in the cohesion, this is mainly embodied in the scope of protection, crime transferred and set of qualification punishment. Again, "criminal law" on the food safety crime charges system existence insufficiency, shall specify the charges to some specific regulation of the specific crime. Finally, "criminal law" on the sentence structure, especially the fine the stipulation on the existence of unreasonable place, needs further refinement.The fourth chapter, the problem of food safety protection to perfect the criminal law. This chapter is aimed at the problems existed in the concrete solutions. First of all,the author also advocates from "folded and lax" to "strict and not advocating" without any increase in the degree of "criminal law" severe cases, pass through the idea and way of legislation, perfect the crime of criminal law for food safety regulation, the introduction of the abstract dangerous crimes and new negligence theory. Second,perfect the "criminal law" and "food safety" cohesion, advocated by expanding adjustment object, to strengthen the regulation of food safety crime, improve the transfer mode of management and qualification punishment in criminal law to solve the "criminal law" and "food safety" of the problem. Again, the perfect food safety crime system Settings, with the production, the sale is not in conformity with the safety standards of food additives, food related products and major food safetyaccident crime to perfect the system of the current food safety crime. Finally, further refined food safety crime fine punishment, by reference to the food safety law and other charges in the criminal law to the provisions of the fine punishment is set to perfect the criminal law on the regulation of food safety crimes.