The Research On Food Safety On Administrative Law Enforcement And Criminal Justice

After a series of food safety accidents,such as gutter oil,dyed taro and leather milk,the public has become so scared when talking about food safety problems.It is easy to become the tipping point of mass discontent,which may result in public safety events.In recent years,the country has attached great importance to food safety,such as continuing to tighten food safety standards and making great efforts in the field of food safety supervision and management.It has also broken up various aspects such as production,circulation,management and consumption.Different departments have been divided to manage separately.The government exercises macro-leadership;all functional departments cooperate closely;multi-parties link together.Thus,the omni-directional,the entire process food safety risk management system has been established.A new pattern of food safety supervision and management has gradually been formed.On the whole,domestic food safety shows the trend of'steady growth./On March 7,2016,Outline of the 13th Five-Year Plan for National Economic and Social Development has been officially launched,which puts forward the implementation of food safety strategy,improve food safety laws and regulations and implement traceability management for the whole industrial chain.But food safety accidents are still coming up and constantly exposed by the media.The foundations of food security are fragile;toxic,harmful and substandard food exists in every area of public life;the crime rate is high and frequent;food safety problems have many trigger points and low combustion points;the public's sense of security and satisfaction with food has long been at a low level.The criminal law,food safety-law and other laws and regulations have made clear provisions about the penalties f'or food safety violations and crimes,which effectively slows down the high incidence of food safety crimes and makes remarkable achievements.However,there are still many weak links and loopholes in food safety supervision.Particularly,in this kind of criminal attack work practice,the connection of food safety on administrative law enforcement and criminal justice lacks of policy enforcement.That is to say.there are still a large number of cases of "administrative amercement instead of criminal penalty"in China's food safety administrative law enforcement,which objectively hinders the jurisdiction and management of food cases.As a result.the function of criminal law to punish crimes cannot be brought into play,which contributes to the arrogance of counterfeiting criminals.Thus,it is urgent to improve the working mechanism and solve the problems existing in the current work practice.On the basis of defining the concepts of administrative law enforcement and criminal justice,the thesis clarifies the characteristics of the connection of them and cards the beginning and development of legislation.The thesis explicitly analyzes the difficulties of legal regulation and non-transfer of criminal cases.At the same time,the thesis thinks deeply about the main reasons of these problems.And then,it discusses the domestic experience of improving the connection of food safety on administrative law enforcement and criminal justice.In the end,the thesis tries to optimize it from the aspect of legal regulations,application of evidence and improvement of mechanism.