Research On Crime Of Food Safety

Food security not only relates to human health, but also has influence on thesocial harmony and stability. Nowadays China is confronting with high incidence offood security problems. Reports on food security can be found in newspapers,magazines and on the Internet. Chemicals like sudan Ⅲ，melamine，clenbuterolhydrochloride and formaldehyde are commonplace to the mass of people and theyare no longer confident in the food security. However, the present laws on foodsecurity are not available in solving the problem. Criminal Law, serving as theguarantee law of other departments, is required to restrict behaviors which cannot beadjusted by food security law. As the most severe adjustment method, the criminallaw therefore needs to be restricted, maintaining its modesty, focusing on propertyand the application of eligible punishment during the adjustment, rather than stopcriminals by way of simply increasing punishment. Meanwhile, we should also noteon the proper use of the criminal policies so that we can solve the food securityproblem from the source.This article is divided into four chapters besides the conclusion introduction.The first chapter profiles the crime of food safety. It defines on the concept offood, food safety. From the grim situation of food safety, sustainable development offood industry, the inefficient adjustment of the existed food safety laws andregulations, it deduces the necessity of the criminal law protection on food safety.Yet the modesty of the Criminal Law should never be neglected during the adjustment.The second chapter is about criminal laws on food safety crimes. It introducescrimes of producing and selling of food which don’t meet the security standard aswell as the legislative history and present criminal laws on it and analyzes theessential elements. There is a brief analysis on two judicial interpretation---theproduction and selling of toxic and hazardous food crime. Through a specific case, itmakes a distinction between endangering the public security in dangerous method,production and sale of toxic food crime and production and sale of food that meetsthe security standard.The third chapter is about deffects and improvement of food safety criminallegislation. From the classification of defects，like the too small specified range, theunreasonable penalty in the criminal fine, qualifications punishment and the deathpenalty, it discusses the defects of the existing food safety offenses. It is advised tocorrect the criminal system of food safety, to modify criminal law provisions of foodsafety offenses, production,the sale which does not meet the food safety standards,to increase the provision of transport, custody, storage, packaging acts toincriminate，to adjust the penalty. For the adjustment of the penalty, the authorproposes to abolish the no-limit fines system and add qualifications punishment,canceling the144th provisions of death penalty on penal code...