Criminal Regulation And Perfection On Food Safety Crime In China

Since the reform and opening up policy for more than30years, Chinese economy has developed rapidly and has undergone enormous changes. However, with the fast development of Chinese economy, food safety accidents are constantly emerging and become more and more serious. Food safety problems emerge in endlessly. What’s more, it has become the focus of the whole society. As one of the basic livelihood issues, food safety has become an urgent problem. In recent years, many new problems are exposed gradually with the development of the judicial practice. The law is not applicable to the needs of the crime against food safety. As the last defense line, Criminal Law should protect food safety. But there is almost no comprehensive and systematic monograph on food safety crime research. The current academic research is weak. Studying on the regulation of food safety in Criminal Law is in favor of protecting food safety. It is not only effectively attack and prevent food safety crime, but also protect the people’s lives and property better, guarantee the sustained and healthy economic development and social harmony and stability. This article gives an analysis about the harmful of the food safety crime. Based on the current status of the food safety crime, the author analyzes the reasons of food safety crime and discusses some flaws on the regulation of food safety in Criminal Law, and then puts forward several reasonable suggestions in order to construct a scientific and reasonable food safety protection mechanism.This paper is divided into four parts. The first part mainly illustrates related concept on food safety crime and the characteristic of food safety crime. According to the current situation of food safety crime, the author analyzes the reasons of food safety crime. The third part elaborates food safety criminal legislation in our country and the necessity of criminal regulation, focuses on Chinese food safety regulation of Criminal Law against the crime problems. The main problems are:the criminal law and the relevant provisions of the Food Safety Law inconsistently; criminal specification is narrow; the positioning of Criminal Law on food safety crime is inaccurate; lack of food recall of criminal responsibility; the setting of criminal penalty is unreasonable. The fourth part puts forward the relevant suggestions to the problems which exist in the regulations of the criminal law of Chinese food safety.