A Study On Some Problems Of Crime Of Malfeium In Food Supervision

Article49of the Amendment Ⅷ to the Criminal Law provides that one article is added after Article408of the Criminal Law as one paragraph of Article408:’A State functionary with food safety supervision and management duties shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if he/she abuse powers or neglects duties,thus causing a major food safety accident or resulting in other serious consequences.If especially serious consequences are caused, he/she shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years’,’Any person who commits the foregoing crime and engages in malpractice for personal gains shall be subject to a heavier punishment.’Provisions of the Amendment Ⅷ to the Criminal Law, reflecting that a great concern has been paid to the national food security by the government. Meanwhile, it also reflects the Government’s attitude about the increasingly frequent food crimes. That is to say, we should be conscientious enough when we are facing the problem of food safety, to the state administrative government workers,a more strict demanding is eagerly needed at the same time.This paper is divided into four parts.The first is the legislation background about dereliction in food supervising and the revelation from domestic and international legislations.This part also includes an analysis to the dereliction of duty in food supervising.The second part is mainly about constitutive elements of the food regulatory malfeasance crime, we analyze from the aspects of subject, subjective object and objective, this chapter is focuses on the identification to the subjective aspect. As two acts are included in the food regulatory offense of misconduct-rights abuse and neglect negligence, thus the subjective aspect of this crime should also include indirect intent and negligence.It is obviously that such a result is contrary to the charge-the form of subjective sin of civil law. So we can come to a conclusion accordingly that problems exist in the provisions about the charge and forms of the subjective sin.This is also the emphasis of this article,that is to say, the definition and provisions of this crime-dereliction in food supervising,should be reset. And this will be mainly discussed in the fourth part. The third chapter of this paper is about the identification of this crime.As a key part of this thesis,chapter four is mainly on the affirmation of the subject, duty’s limits of the crime,suggestions on the legislation and application.And all the above are the main content of this paper.