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Research On The Perfection Of Criminal Law Legislation On Food Safety Crimes In My Country

Posted on:2021-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y TengFull Text:PDF
GTID:2436330602998497Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years,the frequent occurrence of food safety crimes in China has seriously affected the life and health safety of the public.As the most severe means to crack down on crimes,the criminal law still has some deficiencies in its legislation,which can not effectively curb food safety crimes.Therefore,in order to maintain food safety and public health,it is imperative to perfect the criminal law of food safety crime.In addition to the introduction and conclusion,The main body of this paper consists of four parts.The first part is the current situation and characteristics of food safety crime in China.This part first defines the concept and scope of the research object;secondly,it analyzes the current situation of food safety crime in China,that is,the current frequency of food safety crime cases,The crime of producing and selling poisonous and harmful food accounts for a large proportion,the number of people involved,the amount of money;then it discusses the characteristics of food Safety Crime in China,such as wide range,various forms of crime,obvious chain and far-reaching harm,The situation of food safety crime in China is not optimistic.The second part is the current situation of legislation of food safety crime in China.This part first makes a brief analysis of Chinese food safety crime legislation,mainly including the change of criminal law legislation and the analysis of the current situation of legislation;then discusses the shortcomings of Chinese food safety crime legislation,mainly including the lack of coordination with the food safety law in the legislative system,the provisions of the object range is too narrow,the behavior mode is relatively single;in terms of the accusation system,it embodies the attribution positioning There are some limitations in the effectiveness of the criminal law in fighting against food safety crimes,such as the lag,the lack of provisions of negligent crime,the lack of provisions of professional qualification punishment,the light sentencing,and the unreasonable setting of penalty.The third part is the legislation of food safety crime in foreign countries and Its Enlightenment to our country.This part first introduces the legislation of food safety crime in the countries of civil law represented by Japan and Germany,and the legislation of food safety crime in the countries of common law represented by the United States and the United Kingdom.Through the above analysis,it is found that the legislation of food safety crime in foreign countries has common characteristics in some aspects,such as diverse behavior,strict subjective provisions and punishment rules Then,it analyzes the feasibility and necessity of learning from foreign legislation in China,and provides theoretical support and practical basis for learning from foreign legislation.Then,it discusses the Enlightenment of the legislation of food safety crime in foreign countries on the system of criminal law and penalty of food safety crime in our country.We can draw lessons from the legislation of foreign countries to perfect the legislation of criminal law of food safety crime in our country.The fourth part is the perfection of the criminal law of food safety crime in China.This part reflects on the legislative provisions of the criminal law of food safety crime in China,and at the same time draws lessons from the experience of the legislation of food safety crime in other countries.It tries to put forward some countermeasures to improve the legislative system,accusation system and penalty setting of food safety crime in China,mainly including expanding the scope of the object of food safety crime and expanding the behavior of food safety crime Adjust the criminal law of food safety crime in China,increase the provisions of fault crime of food safety crime in China,regulate the setting of fine penalty,increase the provisions of qualification penalty of food safety crime,and increase the range of sentencing,hoping to provide some help to improve the legislation of food safety crime law in China and better maintain food safety in China.
Keywords/Search Tags:Food Safety Crime, Criminal Law Legislation, Penalty Setting, Improvement
PDF Full Text Request
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