Research On The Improvement Of Food Safety Crime Legislation From The Perspective Of Compound Legal Interests

Food safety crime is a typical economic crime,but it also has the distinctive characteristics of a crime against public safety.Food safety crimes are extremely harmful,and they seriously undermine the orderly supervision and management of food safety by the state,while also seriously endangering the lives and health of consumers,and violating the complex legal interests.This article takes the characteristics of food safety crimes that infringe on compound legal interests as the starting point,and uses a new research perspective to analyse the problems in criminal legislation on food safety crimes,in order to provide new countermeasures for improving the criminal legislation on food safety crimes in China.From the perspective of compound legal interests,the following problems exist in China’s legislation on food safety crimes: First,the attribution of food safety crimes to the crime system is still controversial,and the system is not clearly positioned.The lack of a clear definition of the system is due to the fact that these crimes violate both public safety and economic order,and therefore there is uncertainty about the classification of the system.Second,the allocation of penalties for food safety crimes is not sufficiently balanced,with the death penalty allocated to an overly broad range that misses the mark;the nature of unlimited fines deviates from the principle of statutory penalties;and the legislation remains in a gap in the setting of qualification penalties for types of practice prohibitions.In fact,the above two types of problems interact with each other,as the lack of a composite view of legal benefits leads to controversial attribution of the system of food safety crimes;the positioning of the crime system affects the setting of the types and degrees of punishment,and the lack of clear positioning of the system and the lack of clarity in the attributes of crimes naturally leads to a lack of balanced allocation of penalties.Lastly,due to the relatively late legislation,the legal provisions on food safety crimes may need to be adjusted after a long period of social change,under the view of compound legal interests,the criminal law should tend to protect the concrete and real legal interests.As a substantive law,the criminal law norms must keep pace with the times and constantly improve them to achieve this goal.In this paper,the above-mentioned problems are addressed from the perspective of compounding legal interests,and it is pointed out that the current system of food safety crimes should be maintained,and that the penalty allocation for food safety crimes should be balanced by limiting the scope of capital punishment,replacing unlimited fines with new multiplier fines,and adding the prohibition of practice as a qualification penalty.We hope to contribute to the improvement of criminal legislation on food safety crimes.