Research On Food Safety Crime Legislation In Context Of Risk Society

In recent years, the rate of food safety accidents is rising frequently, and foodsafety issues in our country is facing a grim situation, the criminal law as a last lineof defense to protect the food safety, it should further intensify the efforts to play therole of protection food safety regulation."Criminal Law Amendment (eight)" forfood safety crime has made a significant change and adjustment, and about this kindof crime in criminal law regulation has greatly improved too, but the currentendangering food safety crime is should not be simply regarded as a production andsales the shoddy commodity types of crime in the order of market economy. Thisarticle take the risk society theory as an angle of view, Through to analyse the reason,feature and development trend of food safety problems in our country, the foodsafety problems summarized as problem model with Chinese characteristics,Meaning that it contains a part of the traditional industrial legacy and the socialmanagement system is not sound caused by the problem, also contains a part of thesecond industrial society brought about by the development of science andtechnology and disadvantages. Therefore, food safety crime legislation shall be onthe basis of the original protection concepts, to consider the related factors about thevalue at risk properly, give full play to the function of risk prevention of the criminallaw. Take this as the foundation, this article inspected our country present food safetycrime legislation’s insufficiency, and proposed the reformed legislative proposals infood safety crime’s legislative pattern, the crime scope’s designate and penalty’sconstruction.The paper is composed of four parts:The first chapter is food safety in criminal law. It mainly introduces the modeof the problems about the concept, characteristics and the status quo of criminal lawregulation of the food safety crime in our country. Through to analyse the definitionof the legal concept about food and food safety related issues, specify the objectscope of the food safety regulation of criminal law. Through the analysis of the evolution of Chinese food safety legislation mode, the constitutive requirements andthe comprehend about the content modified in the "criminal law amendment (eight)",analyzes necessity and trend of protection about the food safety crime legislation.The second chapter is food safety crime of the context of risk society. Throughintroducing the theory of risk society, exploring the character of modern risk,analyzes the dilemma facing the criminal law in the context of risk society andresponse. Through the theory of risk society, interpret the Chinese food safetyproblems’ risk characteristics in the factitiousness, uncertainty and knowledgedependency, and summarize the uncertain people’s life and health rights and themajor property rights as the rationality of the food safety crime to protect legalinterests. Compensating for the shift after the food safety risk and making it can beknown and controled is put forward, which has certain significance to prevent foodsafety risk occurs and the regulation of food safety crime.The third chapter is protection of food safety criminal legislation defects of ourcountry. Through to analyse the Chinese food safety crime legislation presentsituation, the characteristics of food safety risk and the requirements of the criminallaw protection on food safety, reflected to the limitations about the Crime belongs toinaccurate positioning, Imprecise adjustment range, inappropriate punishment settingand the unstabitily legislative technique.in the food safety crime legislation.The fourth chapter is the legislation suggestions about consummating theprotection of food safety crime. In view of the above analysis of the protection offood safety criminal legislation defects, propose the legislative proposals aboutadjustment for food safety crime belonging, expanding the scope of the criminallegislation, perfecting the system of the penalty set and establishing a double tracklegislation mode. I hope it can provide the most powerful guarantee and supportabout the implementation of food safety regulation of criminal law in the limitedspace.