Food And Crime Research

Because of the food security incident,"the food security problem"become the focal point which the people pay attention to, and become"the worldwide"question gradually. Even has the scholar consider the food security as the"fourth big"social question after the population, the resources and the environment. At present, our country is being confronted with the danger of the food security incident, and how to control and prevent this kind of accident effectively is the important question which the law educational world must pay attention to;"the criminal law"is the most severe way and the best punishment way to the food crime, and has built the last defense line to the"food security". But, facing more and more frequently food crime, in our country criminal legislation actually has too many problems to deal with the food crime in the judicial practice in our country. The unique character-"the practicality"of the legal knowledge and the value connotation–"fair"starts from the legislation. It will serve well the judicial practice from the angle of legislative to research"food crime". The author only take a preliminary discussion to the"food crime legislation question"by mean studied rightly and hope had a benefit to the judicial work.The full text besides the introduction and the concluding remark, mainly divides into four parts.The first part obtains from food crime's definition, to be clear about the conception and the connotation of the food crime, summarizes the character of the food crime under the current situation .And based on this, make an analysis of the food crime's legal nature, the legislative reason and the legislative basis. The second part elaborates our country food crime legislative through our country food crime legislation pattern and the constitution important document and legal responsibility's. For target-oriented and scientifically improves our country food crime legislation, at the same time this part introduce briefly about other national and the area about food crime's legislative experience. The third part point out the shortcoming in the charge design, the crime constitution and the penalty establishes through analyzes the domestic and foreign food crime legislation present situation. The fourth part of author give some suggests to perfect our country's food crime legislation's: produce and sale the non-sanitarian standard food crime should revise to harm food security crime; The crime form of food crime should include the mistake; The illegal management crime should include rents the permit; The fine punishment from the accessory punishment to the principal penalty, and revise the food crime fine punishment's suitable datum and the scope suitably; Additionally builds the different content of the food crime the qualifications punishment in view of the unit food crime and the natural person and so on, has an explicit recognition about the development trend of the food crime legislation.