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The Criminal Law System For Food Safety Crimes

Posted on:2019-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:X W SunFull Text:PDF
GTID:2356330542982179Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of food safety can be defined as the violation of the food safety standards in every link of food production,and the behavior of threatening the life,health and the security of public and private property,which is not specific to consumers,based on the decision of the person’s consciousness.Although a series of laws and regulations have been formulated by the relevant legal departments at the present stage,the crime of food safety has been checked to a certain extent.However,food safety in the times are still in need of perfection: first is that the existing single legal mode of criminal law can maintain the criminal law.The stability of the Ministry,which is difficult to adjust to the active and emerging crime,should give full play to the flexibility of the subsidiary and single criminal laws,and diversified direction is necessary.Second,the most basic public safety of food safety,as a criminal regulation to destroy the economic order,can not cover the harm caused by the food safety crime.In order to prevent crime and protect the life and health,it should be adjusted to the crime of endangering public safety.The third is due to the lack of liability in the form of negligence,food production,the underoperator’s should have paid attention to food safety.In order to enlarge the scope of the crime,it will not let it go.Fouth is because in the judicial practice that the unlimited fine penalty has given the umpire the excessive discretion,and it lacks the corresponding qualification limit for the employees to carry out the crime of food safety again.The standard and the additional qualification penalty can improve the effect of combating the crime of food safety.At the same time,this systematized way to punish the crime of food safety,and improve the long-term mechanism of mutual cooperation between administrative law enforcement and criminal legislation.
Keywords/Search Tags:qualifications, Fine Food Safety Crime, Knowing, Legislative mode, Punishment against
PDF Full Text Request
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