Study On Criminal Protection Of Food Safety

Food is the primary material information for human survival and development. Food safety is not only a top priority for people's livelihood and daily lives, but also related to the social stability .If there are some Food safety problems, which not only damage to human health, but also undermine the stability of economic and social development, therefore, It is necessary to attach importance to food security by the criminal law. However, for the food security of the Criminal Law is narrow. Particular the liability of food production and operators, criminal law only stipulates Production, sales do not meet hygiene standards of food crimes and Production, sales of toxic and harmful food crimes, and the scope of these crimes are very strict. After the introduction of "Food Safety Law", there are many issues worthy of discussion, such as how to link the existing criminal offense and the provisions of the new law, how to protect food safety better. The thesis, based on practice and combined with the recent case, discussed how to strengthen the protection food safety by criminal law.Besides the introduction, the article is divided into four sections.Chapter 1: the general situation of food safety and the criminal protection of food safety. This part introduces the concept of food security and the present situation of food safety in China, and analysis of the criminal code on the scope of food security. Criminal law on food safety protection is necessary, but not unlimited. In the area of food security, criminal law is the last barrier, which applies to certain principles. For different subjects, the criminal law provides different criminal liabilities.Chapter 2: the difficult problems on recognition of food safety crimes. This part mainly analyzes the problem in practice about the two crimes. There are disputes in the criminal object and the boundaries of the two crimes. This part also analysis of the behavior of the case Sanlu Milk.Chapter 3: the defects of criminal protection of food safety. This part analyzes the existence of some problems in our criminal law against food safety crimes. The food safety crimes are defined in Chapter III in criminal law, which causes the application of death penalty be a dispute. Besides, the scope of criminal law against food safety crimes is narrow. We should improve the Fine and the Qualification Penalty.Chapter 4: the promotion of criminal protection of food safety. This part is to put forward a solution. First of all, food safety offenses should be vested in the Criminal Law Chapter of the crime of endangering public safety. Secondly, we should distinguish between foods, food additives and food related products. Third, we should improve the application of Fine and the Qualification Penalty.