Research On Difficult Issues In The Judicial Applicationof The Crime Of Food And Drug Supervision And Malfeasance

Since the reform and opening up,the vitality of the market has been increasingly stimulated.The nature of merchants’ profit-seeking is like a runaway wild horse,and China’s food and pharmaceutical fields are also inevitable.Food and drug safety incidents are emerging one after another,which is not only caused by businessmen,but also exposes the weaknesses and loopholes of China’s relevant regulatory system.The laziness of regulators at all levels is undoubtedly the "behind-the-scenes helper" of food and drug safety incidents.The author retrieved and collected relevant adjudication documents since the establishment of this crime from the Judgment Document Network,and found that the number of cases convicted and punished for this crime is relatively small.After analyzing the 29 judgments and rulings collected,it is found that there are the following problems in the judicial application of this crime: the dispute over this crime is a dangerous or consequent offender,the lack of unified standard for the identification of harmful consequences,the difficulty of identifying the subject of the crime,the vague division of accomplice responsibility,the light sentence,the single type of punishment,etc.The author believes that this crime should be recognized as a dangerous crime to ensure the safety of food and medicine in China to the greatest extent;judicial interpretations should be issued in a timely manner to clarify the circumstances of the crime;the identification of the subject of this crime should be combined with his performance.Whether the duty belongs to public service and whether the source of authority has legality;the division of responsibilities in joint crimes should be clarified,distinguish between the main and subordinate,and the sentencing should be standardized;the trend of mitigation of this crime should be corrected to highlight the concept of strict governance of officials;fines and qualification punishments should be increased to enrich the foundation.The types of crimes and punishments severely crack down on food and drug supervision and dereliction of duty.