Study On Criminal Legislative Protection For Food Safety

In the face of the grim situation of food safety, in order to protect foodsafety, prevent and punish crimes, and solve the problem of food safety, to build strictlegal protection network is necessary and an effective way."Food Safety Law of thePeople’s Republic of China" provides a legal basis for people to regulate foodproduction, operation, and prevent food safety incidents. But it did not give specificrequirements of punishment for the food crime, only a chapter on legal responsibilitytakes the model of quote the provisions of the Criminal Code:"if the violation of thislaw constitutes a crime, it will be held criminally responsible." It sets higherrequirements for legislation for criminal responsibility of food safety: criminal law asa protection and backing to carry out and implement the food safety law, is bound tore-examine the former food safety legislation in this new development situation, as toachieve the corresponding interface between criminal law and Food Safety Law, andimprove the protection system of criminal law to ensure the final realization of foodsafety. From the perspective of food safety law, this paper analyzes the status quo ofcriminal legislation of China’s food safety, identify the defects of current criminallegislation of food safety, mainly in the narrow adjusting range of criminal legislationand the lack of related institutions of the "Food Safety Law". Eventually, taking thecriminal liability with food production and organization, and the criminal liabilityrelated to supervision on Food Safety, as cutting points, this paper made severalrecommendations of improving the content of criminal legislation for food safety:such as combining Article143and Article144into the crime that produces and salesfoods that do not conform with hygienic standards; adding the crime that producesand sales food additives and related products that do not conform with safetystandards; adding the crime that causing the food safety accidents; adding the crimethat refusing to recall unsafe food and improving the crime of malpractice on foodsupervision and other crimes.