Research On The Food Safety Crimes And Its Legislation Of Our Nation

In this essay, I will discuss food safety protection from the view of criminal law.For food safety crime is rampant, the criminal law shall be harshly. However,China’scurrent criminallaw for the protection of food safety become stretched.whetherin the regulation of charges, or in the setting of penalty,there are some problems, andbring a lot of inconvenience for judicial practice,such as,there is a problem in theownership of the food safety crime, the setting of punishment is unreasonable, forexample, the provisions of fine punishment is so general that lead to the judge’sdiscretion is too large,which is contrary to the basic principles of the legallyprescribed punishment. In addition, there is also no qualification punishment, and thesubjective blame is too narrow, After “Food safety law”has been carried out, thecriminal law protection for food safety, is strengthened in some points but thecohesion between them still has lots of problems.The amendment of "the eighthcriminal law "has not radically solve the problems. Above all,our present law isdiscrepant to our country’s safety legislation goal.The main point of this article isdivided into the following parts:The first part, introduction. Through the introducing the case of Hogwash oil, topresent the challenges for China’s food safety production, proposed that it issignificant important to improve food safety protection.The second part, interpretate the definition of the food safety and food safetycrime and its characters.The third part, detailed the food safety criminal law in our country and theexisting defects.The fourth part, comparing with our country and the United States’s food crimelegislation then,draw suggestions.The fifth part, how to improve the public of the food safety criminal law in China.Main points are: Constructing subsidiary criminal law, regulations negligence sins,add hold unsafe food sin, refining fine punishment, set up the qualificationpunishment.