Judicial Application Of The Crime Of Malfeasance In Food And Drug Supervision

In the face of the frequent occurrence of criminal offenses in food and drug safety,China’s Criminal Law has continuously strengthened the criminal responsibility of regulators,adding the crime of food regulatory malfeasance in the the Amendment(VIII)to the Criminal Law,and the Amendment(XI)to the Criminal Law has once again amended the crime,stipulating the crime of food and drug supervision dereliction of duty.On the basis of the original crime,the new crime expands the scope of the subject,clarifies five specific objective acts,provides a more thorough and clear legal basis for the criminal law system for food and drug supervision and dereliction of duty,and also puts forward a new research topic for the judicial application of this crime.Academic circles have also carried out certain discussions on this,but they mainly focus on the subjective aspect of the crime,the difference between this crime and the other crime,and do not pay much attention to the objective aspect of the crime.Taking the 2012-2021 Food and Drug Supervision Malfeasance Crime Judgment as a survey sample,through the analysis of the identity of the criminal subject,the lawyer’s defense opinion and the sentencing,it is found that there are problems such as fewer judgments and lighter sentences in the judicial application,and the prosecution and defense have a greater dispute over the subject of the crime,causal relationship,and criminal result,and I personally believe that it is mainly due to the lack of correct grasp of the connotation of the criminal implementation behavior,the application of strict causality,and the inconsistent standards for criminal outcomes.Therefore,I think that the implementation of this crime should first be made clear that the acts of state organ staff abuse their powers,dereliction of duty,and seriously increase the risk of food and drug safety;secondly,in the determination of causality,whether it is theoretical or judicial practice,the causal relationship between food and drug supervision and malfeasance should be strictly determined,and finally,in terms of the results of the crime,the criminal results of the crime of food and drug supervision dereliction of duty should be separated and refined,and a unified standard should be established to avoid the situation of exemption from easy conviction and difficult sentence again.In terms of other judicial applications,it mainly explores the leadership responsibility in the responsibility of food and drug safety supervision,and whether the leaders of food and drug regulatory departments at or above the county level are held accountable.On the basis of empirical analysis,this paper focuses on the objective aspects of crime,and conducts arguments through a combination of theory and judgment cases,and strives to draw appropriate conclusions so that the crime of food and drug regulatory malfeasance can be better applied at the judicial level.