Criminal Regulation Of Food Safety Research

As the saying goes"To a nation people are the foundation, to the people foodstuff is all-important, and to food, security comes first."Food is the material base for maintaining life activities for human. Our humanity survival and development cannot without food. Food security problems not only relate to people's health and safety but also directly affect the development of the socialist market economy and social harmony. In recent years, malignant events about food security have frequently occurred in some countries and regions, and the influence is extremely widespread. In China food security problems are also very prominent, and food safety incidents occurred repeatedly, and the results have affected the economic development and social harmony. The whole society pays more and more attention to food security problems.In view of the fact that the frequent emergences of food security accidents in our country, it's very essential to regulate the food security by legal means. This article carries on the discussion about the regulation of the food security from the perspective of the criminal law. Based on the analysis of the current criminal law of China, the author found some defects in the regulations of the food security, and then have carried on a more thorough ponder to the regulations of the criminal law of China's food safety and put forward some improvement suggestions.This article mainly consists of three parts: The first part mainly defines the concept of food safety and illustrates the regulations of the criminal law of China's food safety from the aspects of the theory basis, the necessity and the significance. And thus it makes the foundation for the following article.In the second part, the author analyzes the present situation of the regulations of the criminal law of China's food safety and discovers some flaws. Firstly, this paper focuses on the process of legislation, the concept, the constitution of a crime and the criminal responsibility between the crimes of producing and sailing food which not conform to the sanitation standard and poisonous and harmful food. Secondly, this paper illustrates thoroughly the problems of the regulations of the criminal law of China's food safety. There are some problems in the regulations of the criminal law of China's food safety, such as the deficiency, failing to reflect the principle of prevention, the operation of the criminal legislation is not strong, the defect of the criminal classification system, the penalty is unreasonable and the defect of the regulation of jobbery crime to the food security market regulators and so on.The third part puts forward several improvement suggestions for the problems which exist in the regulations of the criminal law of China's food safety. First, this part discusses the principle that should be complied with the regulations, including food security principle, the principle of legality, the principle of punishment and responsibility and the necessity and aptness principle. On the other hand, according to these problems, the part proposes several improvement suggestions to improve the regulations of the criminal law of food safety and promote the food safety supervision system. The main suggestions include the consummation of the classification of crime, the set up of the penalty, the supplement of indictments and the charges.In brief, based on food security is critical to national economy and the people's livelihood and the severe punishment of the criminal law and final protection law status, the research to the regulations of the criminal law of China's food safety has the vital practical and theoretical significance. It can promote the supervision system of China's food security law and give the severe attack to food security crime. And it can safeguard people's health and life safety, standardize the order of the market economy, and promote development of the economy the social harmony.