Analysis On Food Supervision Dereliction Of Duty

In recent years, the domestic major food safety accidents frequent situation offood safety issues increasingly grim, this, regulators should bear the blame. However,from the judicial practice, every major food safety accidents, the relevant regulatoryauthorities and the persons responsible are rarely to be held accountable."CriminalLaw Amendment (eight)" additional food regulatory offense of misconduct, butbecause of the related ordinance designed counts description is too simple and lack ofspecific, detailed judicial interpretation, not only incriminate threshold is too high, itis directly lead the theoretical circle of criminal law and judicial practice on theunderstanding of the constitutive elements of the crime of this crime and identified aswell as judicial practice applies specifically on the many differences, and thus to someextent affected and restricted to combat the actual effect of the punishment of suchcrimes.It should be noted that since the establishment of the food regulatorymalfeasance sin, theorists and practitioners, this crime a lot of research and analysis,but I found that the analysis of the theoretical and practical circles with a generaltendency-related research and analysis from the author engaged in the field of view,theorists and scholars generally focus on theoretical resolution of the constitutiveelements of the crime of this crime, practitioners, mostly from the angle of easyconviction and sentencing of judicial practice in encounter applies specifically toexplore, therefore, will inevitably lead to the separation of theory and practice. As apeople’s police engaged in more than10years of public security work, the ShanghaiPublic Security Bureau,"playing four black four pests"(One of the most important work for the investigated crack down on "waste oil" black workshop on food safetycrimes) special action office staff, directly or indirectly, to handle the author, frommore than700criminal cases involved in food safety, increasingly rampant criminalactivities in the current food safety situation is felt most directly, its behind ineffectivesupervision, regulatory officers criminally liable identified difficult, pursue difficultphenomena such as more intense; the same time, studying for serving during theMaster of Laws at the East China University of Political Science and Law, the authoralso of the relevant issues in-depth thinking and consulted on relevant issues related tothe teacher and the courts, procuratorates students, get a large number ofrepresentative of the views and valuable information, therefore, better take intoaccount the views and opinions of various theoretical and practical circles, to achievethe unity of theory and practice.This article is based on the formation, is divided into three parts. The first part ismainly proceeding from the theoretical point of view of criminal law, the constitutiveelements of the crime from the object of the food regulatory malfeasance sin ", theobjective aspect, the subject, the subjective aspects start to lay the groundwork for afull-text research through a detailed analysis of the constitutive elements of the crimeof sin. The second part starting from the judicial practice, to resolve difficult problemsthat exist in the judicial practice applies specific, to talk about the author of "crime or"this crime with which he is, on the basis of the foregoing discussion of the constitutiveelements of the crime of crime,"and other issues related to the view, in order to beable to bridge the differences of the theoretical and practical circles a little bit. Thethird part is on the basis of the aforementioned two parts, a brief analysis of theshortcomings in the legislative and judicial practice of the food regulatorymalfeasance sin ", and learn from Western developed countries in which thelegislative and judicial practice of the the food regulatory malfeasance sin" Forpractice, mentioning some shallow, immature countermeasures and suggestions to bebeneficial to the judicial practice.