Research On Judicial Application Of Food Regulatory Malfeasance

Food Regulatory Malfeasance is made by The NPC Standing Committee to fight crime of power abuse and dereliction of duty and build a firewall for the food safety. However, although the crime of dereliction of duty in food supervision had been enacted for four years, the food security problem hasn't been solved but became more serious just as the investigation and prosecution of dereliction of duty in food supervision, which hadn't been improved. By studying some related judgment documents, I will classify problems that reflect in these documents. At the same time, I'll analyze and comment the constitutive requirements and give my suggestions.My paper includes three parts:The first part is mainly discussed on the necessity of the crime of dereliction of duty in food supervision and the constituent elements. I think there are some theoretical basics for the existence of this crime. At the same time, according to the four elements crime constitution theory and refer to some scholars' opinions about the constituent elements, I will provide some of my opinions. This part involves not only in the identification in objective factors but also in some core content of causality and subjective fault.In the second part, I will conclude the present application situation of Crime of dereliction of duty in food supervision and analyze the causes. In the application of this crime, because of the different understanding, it has suffered great divergence, unclear harmful consequence, in explicit main body, high ratio of probation and fuzzy problems about differentiation of subjective sin. In addition to a lot of unclean concepts, there are many other problems such as the obscure legal provision, the cognizance of causation, non-material loss evaluation and anti-graft prosecution team and so on.The third part is some comments and my own opinions about the suggestions that provided by scholars about improve this crime. Although there is some truth in their advices, I think not all of them are feasible. After looking up some related data, I will provide my ideas about crime of dereliction of duty in food supervision according to my understanding. In the end, I will conclude the paper and state my opinion.