Criminal Protection Of Food Safety

Food safety is connected with human health and life security. At present, the international exchanges are increasing frequently. Food safety affects not only a country's foreign trade but also the economic development. Its importance is self-evidence.In recent years, China's food safety incidents appeared frequently. So using legal to protect food safety has become necessary. The thesis carries on the discussion from the angle of the criminal law. The author has analyzed the criminal law of our country and has found some defects. On the basis of this analysis, the author has put forward some suggestions so that we can consummate our country's criminal protection of food safety.This thesis is made up of three parts.In part One, the author disserts the significance and necessity of the criminal protection of food safety. Reinforcing the criminal protection of food safety can not only conform to the principle of legal institution but also guide the judge to deal with the cases. It has the important significance on both sides of legislature and judicial body. At the same time, it is necessary to use the criminal law to protect food safety. Because the present conditions of food safety is very stern and the criminal law has the severe and final support functions.In part Two, the author introduced China's current criminal law on protecting the food safety, focusing on the concept, the legislation process and the constitution of crime. They are the crime of manufacturing or selling foodstuffs not qualified for hygiene standards and the crime of manufacturing or selling toxic or harmful foodstuffs.In part Three, the author found some defects by the analysis of the criminal law. For instance: the criminal law system on regulating food safety is not unified. The structure of criminal law is stringent but not strict. Its performance as follows: firstly, the law system is not strict. The behavior of holding dangerous food does not commit a crime. Secondly, the punishment is very stringent. The food crime can be sentenced to death. It does not accord with the trend of international punishment. It also has some defects on criminal fine. On the basis of rethinking defects ,the author put forward some suggestions about reconstructing the criminal law . The aim is to amend the criminal law system of food safety which is not unified. At the same time, adding the crime of illegal holding dangerous (unsafe) food can make the law system be strict. The food crime should be abolished the capital punishment. The application of the criminal fine should be perfected. When the author writes the thesis, NPC Standing Committee deliberated the "Food Safety Law (Draft)" firstly. So the provisions of criminal responsibility of the "Draft" should also be considered. The author put forward the proposal according to two kinds of situation. One is the situation of adopting the "Draft", the other is the opposite situation.In short, the importance of food safety is obvious to all of us. So the research of the criminal protection of food safety is significant. It can not only reduce the amount of food crime and protects human health and life security but also be benefit for the development of China's legal system. We can realize the great objective of constructing harmonious society ultimately.