On The Objective Aspect Of The Crime Of Dereliction Of Duty On Food Supervision And Management

As the market economy advances, China is witnessing rapid economic growth. However, the "prosperity" brought about by the single economic-growth structure has been accompanied by the emergence of many deep social and economic problems. For example, in the food safety field, more and more hidden problems have been exposed. And the causes of these problems include both businessmen’s lusts for profits and the malpractices of food safety regulators. But, in practice, the provision for the objective aspect of food regulation malpractice is not detail, so the study of the objective aspect of the crime of dereliction of duty on food supervision and management is significant.This paper consists of four parts. The first part is the description of the objective aspect of the crime of dereliction of duty on food supervision and management, mainly including case introduction as well as the specific provisions for the objective aspect of this crime in China’s criminal law. First, by taking the case of Huang’s food regulation malpractice in Hebi City of Henan and the case of Zhu’s dereliction of duty in Zhangjiakou City of Hebei as examples, the reasons why different verdicts are made in similar cases in reality are explored through analyzing the details of the cases and the verdicts. Then, the provision for the objective aspect of the crime of dereliction of duty on food supervision and management is presented in detail, and the deficiencies in the provision are briefly stated.The second part describes the behavior factors of the objective aspect of the crime of dereliction of duty on food supervision and management-mainly including dereliction of duty and abuse of authority- and the difference between this crime and other related malpractice crimes in the objective aspect. First, whether dereliction of duty fundamentally belongs to feasance, or nonfeasance, or both is analyzed; its concrete representation in practice is explored; and other factors that should be taken into account in the identification of this conduct are presented. Then, with regard to the abuse of authority, the source of authority and responsibility definition are analyzed in detail, the problems that should be paid attention to in responsibility definition are put forward, and meanwhile, the forms of its behavioral representations are specifically classified and integrated. Last, by taking cases into account, the difference between the crime of food regulation malpractice and related crimes of malpractice in behavior factors of the objective aspect is briefly analyzed.The third part presents the result factors of the objective aspect of the crime of dereliction of duty on food supervision and management, mainly including the identification of the beginning and ending times of, specific ranges of and specific case-filing standard for losses in major food safety accidents, as well as the actual situations of other serious consequences and the improvement of defects in identification. Finally, it is concluded from the analysis of specific cases in practice that these two kinds of results often complement each other in a same case and that both aspects should be borne in mind in the identification of cases.The fourth part mainly introduces the causality between behavior factors and result factors in the crime of dereliction of duty on food supervision and management. By taking into account specific cases of causality identification, the standard of causality identification is introduced. Finally, the situation of causality interruption is introduced, and whether the causality between the two is interrupted in specific cases is identified.