Research On Prevention And Control Mechanism Of Food Safety Crime In China

Based on the requirements of modernized and rationalized social governance,crime prevention and control is more positive and practical than simple criminal punishment.At present,China’s food safety crime(hereinafter referred to as food safety crime)situation is grim,which urgently calls for the construction of a scientific and effective food safety crime prevention and control mechanism,with a view to help reduce food safety crimes to the maximum extent and safeguard people’s health.Food safety crime is an outcome of the Industrial Age.There are many controversies on concepts related to it among theoreticians and practitioners,so clarifying these concepts is the logical starting point for building a food safety crime prevention and control mechanism.In criminal justice,food concepts should be expanded and explained under the principle of legality.Therefore,foods in food safety crime refer to finished and semi-finished products for human consumption,animal and plant raw materials for producing finished products,and items serving as both food and medicine.In the context of social governance,concepts of food safety in the broad sense should be adopted,with food safety seen as a social issue.In the context of legal governance,concepts of food safety in the narrow sense should be adopted mainly according to Food Safety Law of the PRC.As for concepts of food safety crime,it is better to adopt their broad definition in crime prevention and control and narrow definition in crime punishment.Food safety crime prevention and control system includes crime prevention,control and punishment.In view of the advantages and disadvantages of these three links,safety supervision-based crime control and legal sanction-based crime mechanism should be emphasized.As background factors,transitional period and risk society profoundly affect the generation and characteristics of food safety crime.Its prevention and control mechanism should conform to the mechanism and structure of a transforming society and follow the basic principle of risk prevention and control.According to modern management theories,during the social governance of food safety crime,the government should complete the transformation of values,thinking modes and functional orientation,and improve food safety regulatory efficiency and management result by integrating existing resources,optimizing policy behaviors,using incentives and disincentives,etc.According to Mainstream Economics theory,such measures as raising the cost of food safety crimes,reducing crime proceeds,improving legal system,implementing legal responsibilities and promoting social justice all contribute to the reduction of food safety crimes.Food safety crime prevention and control mechanism is mainly composed of administrative supervision,administrative punishment and criminal punishment.The current food safety prevention and control mechanism has two major shortcomings,unsound legal norms and less smooth work mechanism.In the aspect of administrative supervision,the problems include unsound laws and regulations,discrepant food safety standards,unreasonable responsibilities of regulators,imperfect inter departmental coordination and liaison mechanism,and incomplete legal liability mechanism of regulatory authorities.As for administrative punishment,although food safety administrative penalties cover food production,distribution and catering,the implementation effect is not quite satisfactory due to existing problems in legislation and law enforcement.The flaws of unitary legislative mode and punishment structure of specific crimes become increasingly prominent.The practical difficulties faced by public security organs,procuratorial organs and people’s courts in dealing with food safety crimes also undermine the effectiveness of criminal punishment.Foreign countries and regions’ food safety crime prevention and control system enjoys sound legal norms,reasonable punishment standard and smooth implementation mechanism,which should be learned by our country.In order to improve our food safety regulatory mechanism,we should combine administrative regulations and criminal regulations,temper justice with mercy,follow the principle of prevention first,and build an effective regulatory mechanism through improving market access mechanism and strengthening indicator supervision mechanism.By drawing lessons from foreign countries and regions,targeted reform and improvement on our food safety crime prevention and control mechanism should be carried out to solve existing problems.In exercising food safety administrative supervision,we must improve market access mechanism,strengthen indicator supervision mechanism and implement HACCP system.In enforcing food safety administrative punishment,we should improve administrative legislation by expanding the scope of administrative law-breaking regulation,clarifying standards for administrative law-breaking,introducing practice prohibition regulations and flexibly setting the range of administrative punishment,and improve administrative punishment mechanism by making clear law enforcement responsibilities,strengthening the supervision and assessment of law enforcement,and implementing law enforcement safeguard measures.In terms of food safety criminal punishment,we should adjust legislative models,revise the facts and legal penalty for related crimes,and improve the effect of criminal justice by taking measures in public security investigation,procuratorial supervision and court trial.In the legal connection of food safety cases,we must first expand the scope of subjects of food safety crime,dock the punishment objects of administrative law and criminal law,and make clear the boundaries between administrative penalties and criminal penalties;establish the principle of "criminal punishment priority" and "criminal first principle",enhance the ideological understanding and professional quality of law enforcement subjects;clarify the composition of crimes of dereliction of food supervision,improve the balance of criminal penalties,and strengthen the sentencing guidance of crimes of dereliction of food supervision.