Predicament And Countermeasure Of Judicial Application Of Food Supervision And Malfeasance

In China,the crime of food regulatory graft has harmful consequences seriously, cross with corruption and bribery, it is difficult to be judicial investigations, with the characteristics of "the nest case", "the string case" and so on, in the judicial practice, extremely hard investigation."The supervision and administration of food safety" is hard to operate, the diversity, multilayered and complexity of national business, the nonsingularity of specific law enforcement body, collective responsibility and the responsibility system of chief of constitution authority and jurisdiction of the specific duties and proves the ownership crossover phenomenon exists, which determine the judicial practice of variety, the complexity of the subject in the judicial practice.The use of the concept of "national office working personnel", due to the lack of the idea of overall cohesion legislation, the cognizances of national staff are in struggle.Make food with appropriate regulatory obligations as a prerequisite to regulation of malpractice, power and responsibility by the regulatory authorities in China cross buck-passing, lead to both "public" or "identity" is difficult to implement, clear the regulatory powers is the basic way to solve the problem of main body applying.Food regulation will make two different regulations of malpractice crimes prescribed in the same charges, theoretical and practical circles caused controversy of crime, subjective fault, the chaos of the subjective fault theory, brings to the judicial practice, this crime subjective cognizance of great difficulties, some areas,the subjective fault is difficult to prove under the condition of insufficient evidence, ignore the subjective fault, directly, the criterions for the conviction of a serious breach of the subjective and objective consistent stance in our country. Apply the principle of supervision and fault, not need to prove that the offender has predictability, endangering the happening of the result, only by regulators is properly perform their duties, to prevent the regulated illegal producing, food producers and traders to avoid food safety accidents, as the standard of negligence, reduce the difficulty of behavior person to "see" harm results prove, in the judicial practice For food safety regulation of malpractice made as a result, misconduct caused "significant food safety accidents," or "other serious consequences" is a condition of constitute this crime.But about what is a "major food safety accidents", law does not define its standard clearly ,the highest judicial organ has not issued relevant judicial explanation. Food safety accidents, it is a continuous process development, and be not still.Results of damage change continously change with time going by,thus it becomes important to determination of time for food safety acccident.Far beyond determination of time may result in incomplete appearance of results of change.On the contrary,postponed time will not help investigation organ to crack the crime.However,our country has not founded related laws,and the determination of time varies from major safety accidents in judical practice.What’s more,academic circle in debate impair firmly believe in food safety malfesance.Food harm for body is a gradual,accmulated process,which needs much long time.The casual relationship between derelection of duty of national civil servants and body health impair is rather difficult in this circumstance.Uneven technical level will deteriorate causality evidence fixing.People believe that Epidemioloogy causality theory should be brought into,trialistic thoery will unify quality and quantity at some point,calculating impairing degree.They suggest that foundation of informant system.Most food supervision dereliction of duty is "the string case","the nest case",informant system is able to collapse behavior of collusion,shrink responsibility in mutual concealment,break confession and affirm dereliction of duty.They should found prize impeachment system to reward the crime-reporter that accuse real information,through which finid food supervision cases of dereliction of duty,and they must seal up for safekeeping personal information of crime-reporter in order not to be taken revenge by criminal suspect.