Research On The Criminal Protection Of Food Safety

The Food safety is a foundation of mankind and development,and it relates to the benefit of every consumer and the stability of the society. However,in recent years,the food safety problem takes place repeatedly, especially the Sanlu milk powder incident In 2008,of which thousands of infants and children across china become victims,and some of which had calculi.In terms of the influence scope,Sanlu milk powder incident has become the most serious food safety problem.At present,food safety has become a highly concerned issue,and become a social problem that we must solve.The humility of criminal law requires that criminal law is the final means of regulating social relations,which are decided by that criminal law are the most seriously and costly comparing with other legal means. If utilizing criminal law to regulate social relations regardless of the severity of benefits irrupted,it will not only violate the citizen's rights, but also impose such a high cost that the country can't afford,which means not only a waste of the country judicial resources,but also harmful to society.Thus we must uphold the principle of appropriate intervention, which means that only civil law,administrative law and other legal means protect food safety ineffectively,we can utilize criminal law.The current criminal law protect the food safety from two aspects:first,the crime of producing and marketing poisonous and harmful food,the crime of producing and marketing non-conforming to hygiene standard food regulates the food market operators;secondly,the crime of abuse of power,the crime of indulging the manufacture and sale of fake goods,the crime of dereliction of duty and the crime of bribery regulates the supervisors of food safety.However,there are detects in those both aspects.In food market operator aspect,these defects are the narrowness of the regulating scope and the unreasonable attribution and penalty;in supervisors of food safety aspect,the main defect is the absence of special provision.On one hand,we should emend the present provisions,on the other hand,we should add some provisions in order to complete the criminal protection of food safety.