The Research Of Coordination Problem Between Food Safety Crime Legislation And Food Safety Law

We all know that the country is based on the people, the people are based onfood for every day, and food in a safe is the first. Food is the precondition foreveryone to survive and develop, food safety relies to people’s life safety, the healthydevelopment of the market order, and the stability of the social order. Food SafetyLaw was promulgated and implemented in2009, it plays an important role instandardizing food production and operating activities, preventing the occurrence offood safety incidents, strengthening food safety controlling normative, scientific andeffective, and improving overall level of food safety. Criminal Law Amendment Eightwas promulgated and implemented in2011, it revises and perfects the relevantlegislation of the food safety crime. The current criminal law related to food safetycrimes includes: the crime of product and sale which do not meet the standards offood safety; Product and sale of venomous, harmful food crime and the crime ofdereliction of duty in food regulation. Although, in the food safety crime area we hadformed a corresponding legal system, and hit the food safety crime hardly. Ourcountry still has a lot of food safety crime phenomenons. Food safety crimelegislation and the food safety law still have many problems of coordination, theseproblems bring great inconvenience to the judicial practice. The problems include: Inthe setting of the accusation, food safety crime legislation is behind of the FoodSafety Law; About the constitution of crime, subject of crime, object of crime andcriminal behavior patterns of food safety crime legislation are more narrow than FoodSafety Law. In the setting of legal punishment, the penalty provisions of food safetycrime legislation have little coordination with Food Safety Law, and so on. So in orderto strengthen the relationship between laws, against food safety crime more effectiveand protect the legitimate rights and interests of the people, we should strengthen thecoordination between Food Safety Crime legislation and food Safety Law.