Summary Of "A Further Study Of Some Criminal Lawmaking Issues Concerning Food Safety"

In examining the seriousness of the currently prevalent food safety problems in China, and particularly in conducting an in-depth analysis of the bottleneck encountered in China’s criminal lawmaking efforts to address food safety problems as well as in drawing upon other jurisdictions’experiences from their legislative and judicial practice in the area of food safety, this essay suggests that adjustments shall be made with regard to the food safety criminal law-making, so as to give full play to the function of criminal law regards to the food safety problems, effectively crack down on food safety crime, and re-construct the administrative order of food safety. This article particularly studies two adjusted proposals, one is according to the degree of economic development, region, culture and etc. construct a relevant "jurisdiction", so as to make a combination of both legal consistency and individuality, solve the management bottleneck problems of China’s vast territory, long history and various nationalities; the second is by keeping the current legal frame remain unchanged, make necessary adjustment to the current food safety criminal law, for example, to categorize food safety crime into crime endangering public security, to elevate production and sale of unqualified food crime to behavioral offence, add negligent act into the subjective elements of food safety crime, further improve the individual crimes and same category crimes in food safety crimes, make full use of the property related punishment in food safety crimes, add legal person’s crime and make full use of qualification related punishment in food safety crimes and etc., further improve related legal provisions, take strong action against crimes and specify punishment measures, so as to secure the necessary functions of the criminal law in the field of food safety management field.