| A country’s security is derived from its people. People’s security is rooted in food abundance. Security is a prerequisite for food and the most essential material foundation for the people. The acceleration of the modern process has brought a lot of conveniences to mankind while it has added a lot negative impact on the safety of human being. The development of modern food industry has brought a variety of "delicious food", bringing about the great risk and spreading into the world. In the context of the absence of effective regulation, global food safety incidents happen from time to time. Specially in the rapid development of economy and in the transition period of China, this problem has become particularly prominent. In the recent years, a series of malignant cases of food safety hazards have been exposed from "Three Melamine" to "Clenbuterol", from "Drainage Oil" to "Poison Capsule", from "Sudan Red" to "Poison Bean Sprout",from "Zombie Meat" to "Black Oil". Food safety issues in the whole nation have become the focus of attention. In fact, food safety issues are involved in food processing, production, storage, transportation, sales and other links, each link is likely to endanger the safety of people’s diet. Food safety can affect people’s health and life, even closely relate to people’s livelihood and social stability. Therefore, guarantee of food safety and construction of safe and harmonious environment have the far-reaching significance. However, it should be made clear that addressing food safety issues by means of "self salvation" or "moral transfusion of blood" towards food companies and related employees is an unrealistic bet. Food safety should be the important content of legal protection."Food Safety Law" and "Criminal Law" have become the legislation supporting core about China’s direct food safety. "Food Safety Law", as the administrative law, is urgently evoking the criminal law coordinated as its strong supporting and security law. In other words, it is expected to criminal law plays an important role in addressing food safety issues. In this sense, it is a major theoretical and practical issues as to how to further improve the protection system of criminal law, prompt the protection effect about the crimes of endangering food safety, fully facilitate the effective function of guarantee and prevention about endangering food safety crimes.Currently, despite the crime causes about endangering food safety are complex and diverse, the criminal rules for preventing the crimes of endangering food safety in China are imperfect. Especially, its legislative mode, legislative policy, the crime system and punishment system about crimes of endangering food safety are uncoordinated with its status quo and pre-embedded laws such as "Food Safety Law". Furthermore, crimes of endangering food safety are tangled up with disputes and problems existed in the judicial practice affairs. These facts fully reveal that the criminal protection system to prevent crimes of endangering food safety in China are inadequate, which is not beneficial to facilitate the function of punishing and preventing the crimes effectively. However, viewed from the international perspective, an in-depth study of relatively mature food safety protection system appeared in some developed countries or regions can drive us to find out some experiences and inspiration. Focusing on the comparative analysis, we can reflect criminal law protection systems about crimes of endangering food safety and find out the existing problems and then put forward the effective ways to improve our criminal law protection systems for food safety.At the same time,embedded in perspective of risk society and risk criminal law in China, a study of the systems for the crimes of endangering food safety is the inevitable result of the situation development. With the rapid development of science and technology, all kinds of social risks coming from practical activities of the society are quietly threatening human life, risk society is getting nearer and nearer, food safety problems in the context of risk society are triggering more people’s attention. However, the traditional guilt criminal law needs to transform because it is difficult to play the effect of weapon in adhering to the current ideal of the criminal law and its own internal logic in the horizon of risk society. Then, the guarantee of risk criminal law on the dining table for the food safety and realize the legislative transformation and adjustment of criminal systems of food safety crimes are an oriented path. So a deep research into the protection systems of criminal law for endangering food safety has much more important and far-reaching significance.According to this, improvement of protection systems of criminal law for endangering food safety under the perspective of risk society includes the following aspects:Firstly, criminal legislative mode of crimes of endangering food safety in China should be shifted from "single system" to "multi-system", integrating the codification, the subsidiary criminal law and single criminal law. Secondly, "Zero Tolerance" criminal legislative policy of food safety should be advocated through the investigation of the current criminal legislative policy of China’s food safety and reflection on its shortcomings. Thirdly, constitutive system of crimes for endangering food safety ought to be changed from crudeness into tightness. First of all, we should further clarify the legal ownership problems of crimes of endangering food safety in the specific provisions of criminal law. Recently, the academic circles tend to put the legal ownership of endangering food safety crimes into the category of crimes for endangering the public security. In fact, the "Serious Consequences" is not the main basis for the judgment of the main object. The nature of economic crimes and administrative crimes of endangering food safety determines its legal ownership. Crimes of endangering food safety and crimes of endangering the traditional public security do not have the compatibility. It is appropriate for us that the crimes of endangering food safety belong to crimes of producing and marketing fake or substandard commodities.In addition,it is reasonable to further expand the scopes of criminal law regulation of the crimes for endangering food safety, extend crackdown link and the behavior object of food safety, extend the criminal subjective mentality of endangering food safety, appropriately add some new crimes. Fourthly, the punishment systems of crimes for endangering food safety in our country should be transformed from "severe punishment" to "probation".As for the death penalty, under the background which the death penalty can not be completely abolished, the death penalty should be limited to "the producers" of crimes for endangering food safety. The crimes of endangering food safety in China will eventually move towards the journey where the death penalty can be completely abolished through the accumulation and mature of time. As for the freedom punishment, we should reduce the penalty point, retain the control punishment and detention punishment, refine the freedom penalty through the promulgation of judicial interpretation. As for the property punishment, we should specify the fine punishment and give confiscation of property fully play in effectiveness. The crimes of endangering food safety should be added into the qualification penalty which can be regarded as "Damour Christ Sword" on the head of food production operators. If the "Roof Hanging Sword" finds the "defective" product, the "production line" would be permanently shut down. This does not only have the special prevention effect, but also can be forced to improve the quality of the entire food production line. |
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