Regulation By Law On Food Safety Crime

Just as the famous saying goes, "Food is the paramount necessity of the people". Solving the problem of food safety fundamentally needs legal regulations. The paper uses the firsthand materials in the investigation on the basis of absorbing others’ research results, from the angle of case study and data analysis, from the reflection in the judicial practice and some problems to seek theoretical interpretation research approaches.There is an upward trend in the overall food safety crime in Shandong province, which has the following characteristics:the overall cultural level of the criminals involved is not high, the forms of the object of the crime are various, crime spots are hidden, there are many joint crimes, etc. The main reason for the problems is in the pursuit of low cost highly profitable profit-seeking psychology, without a joint effort between regulators and the limitations of market regulation itself, food supplier cultural level is low, the social public food safety consciousness is not high and so on. The punishment of endangering food safety crime is partial mild, centralized management short-term effectiveness is higher but lack of long-term operability, low rate of food safety and criminal justice, involving professional problems, there still exist some unresolved issues and to a certain extent, such as the dark figure of food safety crime is punishing crimes endangering food safety problems encountered in the judicial practice. To solve these problems in the judicial practice, we need to find ideas from our country and international vision.Currently although our food safety law regulation is developing rapidly, there are still some limitations. From the point of food safety criminal law regulation, food safety crime governance law is not strict, absence of qualification penalty, and unreasonable fine regulation; From the point of administrative law and regulations, there are "food safety" incomplete supporting system, carrying out faces many difficulties and challenges, regulatory capture restrict administrative supervision of food safety control problems such as crime; From the point of system of food safety standards, national food safety standards are numerous, local food safety standards and the standard of food safety enterprises are numerous, and production operators abide by and the problem such as law enforcement supervisors are difficult to enforce; From other corresponding legal regulation, civil liability imputation principle operability is not strong, the civil dispute solution mechanism is not sound, etc. The existence of these problems is in urgent need of a full range of perfection.To improve food safety, we’d better learn from the judicial practice of Shandong, and base it on food safety in our country existing legal regulation. One is to perfect the penalty system of governance:strict criminal laws, increase the holding type food safety crime, not as a crime, crime of illegal holding (or storage) unsafe food and negligent dangerous crime. Optimize the structure of penalty, abolished the death penalty and qualification penalty, to perfect the qualification penalty commutation, the complex power, criminal record elimination, probation and qualification penalty execution supervision, inspection and other supporting system. Second is to build the system of food safety in management:integrated food safety management responsibility, building perfect food safety standard system, giving play to the role of administrative front and promote the application of HACCP system in China. Third is to improve the criminal and administrative execution:increase the rate of punishment, establish unified food safety law enforcement mechanism, and increase the crackdown on food safety of malpractice. Fourth is to play the supplementary role of civil regulation:strictly establish food safety civil liability, introduction and innovation group lawsuit system, rapid popularization of food safety liability insurance system. Fifth is to speed up the food safety legislation, in Shandong province to try first.