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On The Criminal Protection Of Food Safety

Posted on:2013-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:J W WuFull Text:PDF
GTID:2176330434470274Subject:Law
Abstract/Summary:PDF Full Text Request
Endanger food security crimes is crimes occur in the food production and marketing process, endanger food security, in accordance with the law should be held criminally liable. Analysis of perpetrators of such crime constitutes:the subject of a crime can be either a natural person, but the unit; crime aspects should be the object of the crime is intentional and for the purpose to obtain illegal benefits; complex object, both countries about food quality, industrial and commercial administration. system and the legitimate rights and interests of consumers, including social and public safety; objective aspect of crime behavior of shoddy food production, sales, production, sales do not meet safe food behavior, production, selling poisonous and harmful food behavior, illegal business behavior and so on.From the perspective of the stereo Criminal Law, depending on whether a direct violation of the protection of the food safety system object to be divided into two types:basic crime and extend criminal crime endanger food security. Basic crime is a criminal act directly against the crime of the food safety system, namely, the production, sales do not meet the food safety of food sin and production, selling poisonous and harmful food crimes. Two counts directly reflect the establishment of criminal law norms purpose and the protection of social relations. The corresponding extended crime is not a direct violation of the food safety system, but the system of food safety violations indirect relationship with the underlying crime together constitute other crimes that endanger food security crime criminal law system of norms, such as the production and sale of fake products the crime, endanger food regulatory dereliction of duty, the crime of illegal business. This article will introduce the "Criminal Law Amendment (h)" endanger food safety crimes modifications to pave the way, turn endanger food security crime research analyzes the current criminal law system of norms, and ultimately made a number of recommendations to improve the existing criminal law system of norms.This paper is divided into four parts:The first part is an overview of the article discusses the research background and significance of the article. And reviewed the existing literature. Launched an in-depth discussion on this basis.The second part is divided into the evolution of food safety crimes. In this section, the historical origins of the food safety in the development and status of foreign criminal law discussed. At the same time, the basic concept and scope of food crime defined and divided.The third part involved in food safety crimes in the Criminal Law sinner depth analysis demonstration, combined with the above concept, the range of11to do some theoretical problems described. The real natural condition of the criminal system of food safety in China.Part IV discusses the criminal system of China’s food safety should be contingent sexual selection. Food safety system theorists tion of vying for the analysis of light punishment. And perfection of the system of food safety crimes put forward their own views.
Keywords/Search Tags:Food safety crimes, The concept of food, Legislative Perfection
PDF Full Text Request
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