Food Safety Protection Of Criminal Law

Protection of this paper is to explore the perspective of criminal law standing food safety.Food safety is a basic livelihood issues, it relates to the health of the masses, life safety.To the harmonious development and social stability immeasurable role, he also affects China’s international image in the international social interaction.New Era, food safety crime intensified prevention of violations of criminal law as a last line of defense, must play its due role in the protection of food safety, food safety crime, criminal law and should be the most severely hit.However, China’s current criminal law on food safety protection become stretched.Therefore, this article tries to find a path to solve this problem.First, the author analyzes the causes of typical cases by collecting food safety crime, to identify the characteristics of the food safety crime, trying to source for food safety crimes have a complete clear understanding;Secondly, through the study of extraterritorial legislation developed to protect the criminal law on food safety, and our criminal legislation, comparison, analysis, hoping to be able to get some inspiration, you can draw some legislative experience as I have used;Then, pointing out flaws of legislative protection of the criminal law on food safety, these defects is mainly manifested in the.First, the object of the crime of food safety set up properly, with the development of the socialist market economy, changing the concept of the protection of criminal law, I believe that food safety crime of endangering public safety should be placed among the more appropriate in this chapter.Second, food safety crime unreasonable punishment, punishment magnitude overbroad provisions criminal fines have been unable to meet the current needs of the fight against crime, food safety.Third, the criminal legislation and food safety law can not effectively convergence, inconsistencies between the object and the subject of crime and crime food safety law, the provisions of the behavior is also too simple, and the Food Safety Law of touch.After the promulgation and implementation of food safety law, the legal protection of food safety has been greatly modified, and criminal law protection of food safety was not timely follow-up, there are many problems caused by the convergence of two laws, the Criminal Law Amendment "eight" Amendment does not solve the problem fundamentally, crime incriminate food safety threshold remains high, inconsistent with our current food safety and severely punish crime legislative intent.Finally, in order to improve the timeliness of food safety protection, I suggest, would jeopardize food safety hazards in criminal charges being more reasonable safety of this chapter, in addition to the amount of criminal fines should be increased, a clear penalty standards, the introduction of qualified punishment, but also should change the previous single centralized legislative model, should give full play to the role of criminal law subsidiary to compensate for the lack of centralized legislative mode, so that the two complement each other and jointly curb food safety crime.