Food Safety Crime Sentencing Investigation Report

In recent years,China's food safety crime in the field of criminal law there are different acts of different punishments,with different charges,ranging from the level of uneven incidence.Especially in the 2013 two high judicial interpretation after the publication of a large number of cases increased,the main punishment imbalance,fines imbalance,the crime plot for chaos and other issues.As the basic principle of our criminal law,its spirit should be fully reflected in criminal legislation and judicature.Therefore,in order to guarantee the lawful rights and interests of the perpetrators of violation of food safety standards,it is necessary to find effective measures to solve the imbalance of the existing food safety crime of the problem,in order to achieve sentencing equalization.In this paper,empirical analysis,comparative analysis and quantitative research are used to analyze the data of crime of food safety.It is found that there are many reasons for the occurrence of sentencing imbalance:First,the legislative level:the criminal law itself is imperfect,the penalty is not clear,Is not rigorous;the trial case by the public opinion and criminal policy influence,criminal sentencing circumstances apply chaos.Based on the current problems of imbalance in sentencing of food safety crime,this paper puts forward some countermeasures to solve the imbalance of sentencing of food safety crime:from perfect the calculation method of fine penalty,increase the crime The judicial interpretation and clear the scope of application of the penalty;from the judicial point of view,the correct treatment of criminal policy and public opinion,improve the quality of judicial judges,improve the degree of judicial openness.Food safety crime criminal law system,the combination of charges should be rigorous,the penalty structure should be perfect,and the judiciary can be accurate and well-meaning to express the law.It is hoped that through the study of the imbalance of sentencing of food safety crime,it will reduce the rate of criminalization of food safety,reduce the imbalance of sentencing and earnestly safeguard the lawful rights and interests of the perpetrators of violation of food safety standards.