Research On The Prohibition Of Food Safety Crime In China

The importance of food safety to a country and people is self-evident,but the crime of food safety in our country is endless and the traditional penal measures have been hard to control effectively.The "Criminal Law Amendment(IX)" promulgated in2015 has put forward the system of employment prohibition for the first time in our country,which has provided effective measures for preventing crime of food safety.However,our country's current employment prohibition system is not perfect enough,and there should be no explicit rules on how to apply forbidding in food safety crime.Moreover,there are some problems such as confusion of applicable conditions,ambiguous application procedures,improper connection with the provisions of administrative penalties,unknown executive bodies and procedures,and lack of relief system.In order to let the system of employment prohibit exerting the proper prevention effect and reduce the occurrence of food safety crime,this article will sort out the conditions and requirements of applicable prohibition of employment in the field of food safety crime so that judicial personnel can reference it.At the same time,it analyzes what problems exist in the system of prohibition of employment in the current crime of food safety and puts forward some suggestions based on the practical experience.This article is divided into the following four parts,about 41000 words,its main contents are as follows:The first part of the dissertation is devoted to an overview of the of the prohibition on the practice of food safety crime.This part of the content,mainly from the definition of food safety crime,clearly this article is to study the production and sale of toxic and hazardous foods and the production and sale of food that does not meet the safety standards of the two basic food safety crime prohibition system.And analyzes the prohibition of employment as a kind of non-punitive measures,its application in the food safety crime basis and basis.The second part of the dissertation is the combing of the system of banning thepractice of food safety crime in our country.This part of the author aims to sort out the applicable conditions for prohibited food safety crime,provide a clear and detailed reference for judicial personnel,specifically divided into six parts:The applicable prerequisites for banning the practice of food safety crime;the applicable standards for banning the practice of food safety crime;the scope of banning the practice of food safety crime;the deadline for banning food safety crime;the legal consequences of prohibiting the practice of food safety;The third paragraph of the understanding and application.Which focuses on the food industry,"occupation" of the meaning and classification of what is contrary to professional requirements of the specific obligations of crime,what is the crime and the need to prevent recidivism,the scope of "relevant occupations",the three kinds of prohibition deadlines for food safety crimes,what are the administrative sanctions and criminal sanctions,etc.The third part of the thesis mainly analyzes the problems in the banning of food safety crime in our country.This part is the focus of this article is also the difficulty and innovation of this article,the current problems in China's food safety crime prohibition include the following:(1)the provisions of the criminal law prohibition of employment and administrative penalties out of line;(2)The time limit forbidding forbidding in food safety crimes is not flexible enough;(3)The executive body and enforcement procedures forbidden in the food safety crime are not clear;(4)There is a lack of procedures for examination,supervision and relief.The fourth part of the dissertation puts forward the suggestion of perfecting the banning system of food safety crime in our country.This part is mainly for the food safety crime prohibition put forward some practical advice,in the theory and practice back and forth collision,so that the system of prohibition of employment to better serve food safety.This part is mainly for the food safety crime prohibition put forward some practical advice,in the theory and practice back and forth collision,so that the system of prohibition of employment to better serve food safety.The main suggestions are as follows:The main suggestions are as follows: It is clearly stipulated that the unit can become an applicable body for banning the practice of food safety crime,amend the Provisions of the Food Safety Law on the prohibition of employment,clearlystipulate the administrative sanctions against employment and prohibit the practice in the Criminal Law The deadline for the amendment to 1-5 years,clearly defined the implementation of the main and implementation procedures.