The Empirical Analysis To China’s Judgment Of The Food Safety Crime

The food safety matters, it is related to citizen’s life and health and social harmony and stability. At present, the prohibition to endanger the safety of food crime in our country, the bad influence, great harm, has become a major cancer society, so it is urgent to crack down on the crime of food safety.Punishment is a major means of crime, the court decision is the key link of punishment, so the research on food safety crime judgment is of great practical significance. In 2011,2012 and 2011, for three consecutive years, the supreme people’s court has issued a verdict of the typical case of food safety crime, a total of 15, the typical case judgment, is our country to crack down on food safety is the most direct reflection of criminal judicial practice, through to the decision by these cases of crime and penally, penalty auxiliary measures, such as unit crime punishment situation carries on the analysis and research, found on food safety in our country criminal judicial practice, the following five problems:one is out charges apply more; Second, is different with the behavior given phenomenon is obvious; Three is too little food regulatory malpractice regulation; Four is less unit crime regulation; Five is the penalty applicable type single auxiliary measures.According to the above problem, in-depth study, will find that there are several reasons behind each question, theory or practice, but also reflects the current from these reasons in the process of crack down on the crime of endangering food safety in China exist some defects and deficiencies, mainly has the following aspects:one is for system to be perfect, the existing general charges cannot regulate all the dangers of food safety crime; Second, many are the criminal judicial policy and the influence of public opinion pressure, cause individual cases, individual session conviction biased, sentencing, on the impact of the judicial unity; Three is to administrative law enforcement and judicial cohesion is not enough, the punishment punishment is serious; Four is the lack of applicable on unit crime punishment, to a certain extent affect the unit crime punishment; Five is China’s food safety regulatory model, there are significant disadvantages sectional regulations against food regulatory malfeasance crime subject to determine; Six is the food regulation of malpractice suitable threshold is too high, influence the use of it; Seven is the imperfection of the penalty system of auxiliary measures in our country, not give full play to its restorative functions.Only constantly find problems and solve the problem, is the progress of the mechanism, according to the above problem, this paper also proposes the corresponding perfect Suggestions, mainly including:perfect crimes endangering the food security of system, eliminate blank crimes; Rich mitigation, qualification penalty; Establish a unified food regulatory mode; Lower the difficulty of food safety regulation of malpractice crimes; Prudent criminal policy; To grasp the balance of the supervision by public opinion and judicial independence; Strengthen the administrative law enforcement and criminal justice cohesion; Improve the system of penalty auxiliary measures, and many other aspects. Hopes to endanger food security in China criminal legislation and judicial practice to provide necessary reference and help to improve the efficiency of the crack down on the crime of endangering food safety, to safeguard people’s food security.