Food Safety Regulation Of Criminal Law Study

Food safety issue related to the human health and life safety,which is beneficialto the people’s livelihood issue.It’s an important factor that affected the sustainabledevelopment of national economy and social harmony and stability.At the sametime,food safety has a significant impact on the international image of China.It’snecessary to regulate the criminal crime of the food safety because of the food safetyincidents occurred frepuently.At present, the definition of food security has different interpretations in differentareas.This paper argues that the definition of food security in criminal law is not thesame as in food safety law.The definition of food security should be relativelysafe.And it encompasses the whole process from farm to fork.In addition,throughdomestic and foreign legislation,this paper indicates the current situation of foodsafety legislation.Through analyzing the subjective and objective aspects of the food safety crime, this paper further elaborated the following legal issues:specific criteria for food safetycrime "knowingly"; food safety complex object of the crime; criminal law of “thenon-food raw materials”, additive belongs to a "non-food materials”or not.There are jointer of offense problems in the crime of food safety, jointer ofoffense between the crime of produceing or selling toxic and harmful food and thecrime of produceing or selling fake and shoddy products,there’s no lapping of legalprovisions relations between the crime of produceing or selling toxic and harmfulfood and the crime against public security in a dangerous way. There are imaginativejointer of offense selationship between the crime of produceing or selling toxic andharmful food and the crime of illegal business or other crimes.And discourse theirprinciples.Judicial determination on food safety crimes, there are quite a lot of controversyon the “turnover”.It generally is divided into the turnover and the total value of thegoods. The writer believes that such regulations are not strict enough, there arecontradictions in the legal theroy, and suggestes "illegal business" volume should besubstitute for "turnover".In addition,"sufficient" is difficulties in the juridical practice in clause143.The writer proposes that standard of "sufficient", which is discussed indetail in the judicial determination of food safety crimes.There are some problems in some aspects: accusation setup in the food safetycrimes, subjective fault, punishment of preparatory acts,setup in the criminal fine.In this paper,the writer suggests that increase the criminal charges of endanger foodsecurity, increase criminal negligence, provide appropriate penalties, punishmentproperly preparatory acts and refine the recommendations of the criminal fine, inorder to improve the criminal law provisions for food safety offenses.