The Difficulty And Soution Of Cognizance Of Malfeasance Crime In Food And Drug Adiministration

Before the promulgation of the Criminal Law Amendment(Eighth),relevant judicial interpretations on malfeasance crimes in the field of food and drug supervision were issued in 2001 and 2014 respectively by the Supreme People's Court and the Supreme People's Procuratorate.Among them,the interpretation on the application of laws on the production and sale of fake and inferior commodities was issued in 2001,partially covering the criminal law evaluation on the production and marketing links of food and drug.The interpretation issued in 2014 is directly concerned with the application of the law on drug safety crimes.In addition to the criminal law and relevant judicial interpretations,laws and regulations such as the Food Safety Law of the People's Republic of China and the Drug Administration Law of the People's Republic of China in the field of administrative law can serve as important references for identifying malfeasance crimes in the field of food and drug supervision.Although the legislation on food and drug safety has gradually formed a relatively complete system,in the criminal judicial practice,there are still many difficult and controversial problems in accurately identifying malfeasance crimes in the field of food and drug supervision.For example,the identification of the crime of indulging the productionand sale of fake and inferior commodities involves not only the identification of the production and sale of fake and inferior commodities by the person under supervision,but also the identification of the "failure to fulfill the legal responsibilities" and the actual fault of the supervisory subject,etc.In addition,it also involves the limitation of prosecution.In view of the above problems,this paper will take the crime of indulging the production and sale of fake and inferior commodities as an example,and start with the actual cases of the author's trial to specifically analyze the criminal composition and judicial identification of malfeasance crimes in the field of food and drug supervision,so as to play a role in guiding the legal application and identification of such crimes.The author analyzes the subject,subjective aspect and other elements of the crimes in the field of food and drug supervision through the way of case study,and puts forward the key points that should be paid attention to when applying relevant laws and regulations,and the path of cracking in judicial determination,so as to form a reference guide to deal with this kind of crime.