On The Practice Of The Crime Of Dereliction Of Duty In Food And Drug Supervision

In recent years,food and drug safety accidents are common in our country,and they have a tendency to intensify.The reason is that for a long time,my country’s food and drug supervision field has had shortcomings such as lax supervision,unclear regulations and unclear responsibilities,resulting in the lack of supervisors responsible for food and drug supervision and management due to various factors.,which has led to more and more food and drug safety accidents in the past ten years.In 2011,the National People’s Congress passed the "Criminal Law Amendment(VIII)" to add the "crime of malfeasance in food supervision",with the intention of urging the staff of state organs in the field of food supervision to perform their duties in accordance with the law by improving the penalty and punishment.The highly abstract description of the implementation of the crime of food supervision malfeasance in Article 408-1 has led to this crime being brought to the forefront by the academic and practical circles and has become the target of public criticism.At the same time,since the introduction of the "crime of malfeasance in food supervision",there have been calls in both the academic and practical circles to advocate the establishment of a separate crime of malfeasance in drug supervision and the same regulation of malfeasance in the field of food supervision.In the face of increasingly complex and severe crimes against food and drug safety,in order to respond to the food and drug safety issues that the general public is concerned about,in December 2020,the National People’s Congress passed the "Criminal Law Amendment(11)",the "Criminal Law Amendment".(11)Article 45 not only newly added special provisions on the crime of drug regulatory malfeasance in the field of drug safety supervision on the basis of the previous Criminal Law Amendment(VIII),but also aimed at the original crime of malfeasance in the field of food safety supervision.The crime of malfeasance in food supervision has been further revised,and the crime of malfeasance in food and drug supervision is regulated as Article 408-1 of the Criminal Law.The legislative setting on the crime of malfeasance in food and drug supervision in the "Criminal Law Amendment(11)" has clarified four kinds of implementation behaviors,and used the compulsory force of the "Criminal Law" to urge and guide food and drug supervision personnel to perform their duties correctly.It should be said that it is a relatively A successful attempt,however,this attempt has also brought many new problems,causing a lot of confusion in the criminal law theory and practice department,mainly in the distinction between abuse of power and dereliction of duty and the understanding of specific implementation behaviors.How to understand the differences between the specific acts listed in the crime of malfeasance in food and drug supervision and the current "Drug Administration Law","Food Safety Law" and other administrative regulations.In order to have a scientific and comprehensive understanding of the implementation of the crime of malfeasance in food and drug supervision,it is necessary to determine the basic meaning of the concept and clarify the implementation of this crime on the basis of consulting relevant laws and regulations on food and drugs.Specifically,the abuse of power in the crime of malfeasance in food and drug supervision can only be manifested as action;dereliction of duty is usually manifested as omission,but it is also manifested as action.As for the five specific acts in this crime,their meanings should be further understood in combination with relevant food and drug laws and regulations and the current mainstream views of the academic community.