| Food safety has always been the focus of people’s attention.wwith the continuous development of our socialist market economy,people’s basic food and clothing problems have been solved,but food safety has undoubtedly become another urgent problem in the new era.Food safety concerns people’s livelihood and the construction of a harmonious society.In recent years,the frequent occurrence of food safety accidents such as "melamine" and "gutter oil" has attracted the attention of legislators in China.Through the Amendment to the Criminal Law of the People’s Republic of China(Ⅷ)(hereinafter referred to as "Amendment Ⅷ"),major amendments and supplements have been made to food safety crimes,which has increased the penalties imposed by the Criminal Law on related crimes,and the criminal responsibility of food safety supervisors has also been increased.A separate provision has been made,although it is more effectively linked with the Food Safety Law.However,food safety incidents are still prohibited and difficult to resolve.To a certain extent,there are still big problems in the legislation and judicial application of our criminal law on food safety crimes.This paper is mainly divided into six parts.This paper introduces the research background,research methods and research status at home and abroad;the concept and characteristics of food safety crime;the crimes related to food safety crime stipulated in our criminal law at present:"crime of producing and selling toxic and harmful food,crime of producing and selling food that does not meet safety standards,crime of malfeasance in food supervision,crime of producing and selling fake and inferior products,crime of illegal business operation"The crime of endangering public safety by dangerous means"and the current judicial practice of food safety crime.In view of the legislative problems,the author points out that the subjective guilty forms of related charges in the current criminal code of our country are only stipulated as intentional,too lagging,the regulation of behavior is not comprehensive enough,the regulation scope of food safety crime is narrow,the penalty is unreasonable,the application of penalty is small,and the operability of the subsidiary criminal law norms is not strong.Secondly,the specific problems existing in the judicial application of the crime of producing and selling toxic and harmful food,the crime of producing and selling food that does not meet the safety standards,and the crime of malfeasance in food supervision are elaborated.Based on the experience of the strict liability system in the United States and the extensive scope of regulation in Japan,this paper puts forward some corresponding suggestions to improve the above problems.Firstly,aiming at the legislative problems existing in the current criminal code of our country,the author puts forward that legislators should adhere to the principle that food safety crime legislation is mainly preventive,apply strict liability to food safety crime,incorporate the act of "holding" food harmful to food safety into the scope of criminal law regulation,improve the penalty system,add the penalty of "prohibiting the qualification of practitioners" and increase the application of penalty.Among them,the author still proposes to retain the death penalty clause of the crime of producing and selling poisonous and harmful food,and then elaborates the practical significance of applying the real "subsidiary criminal law" in the field of food safety crime in China,directly stipulating the charges and penalties in economic law,and puts forward that food packaging,refusing to recall the problem food and food additives should be included in the subsidiary criminal law.The specific path of the system.Secondly,in view of the problems of judicial application of the above three charges in practice,the author proposes to clarify the relevant concepts through judicial interpretation and issuance of guiding cases.In order to ensure food safety through the establishment of a rigorous legal network. |
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