A Study On The Food Regulatory Malfeasance

China’s food security situation has been grim and food safety accidents has been happened frequently in recently years. Government departments has become the spearhead of the public point because of lacking supervision. Before the 《Criminal Law Amendment (eight)》 promulgate, according to criminal law can punish food regulators, but very few people really be held criminally responsible from the practice of the judicial point Because of the seriousness of the crime of food safety as well as the lack of existing legislation, the 《Criminal Law Amendment (eight)》 provide the dereliction of duty alone bear the food safety supervision and management responsibilities. Add the food regulatory Malfeasance and included in the Criminal Code408. The 《Criminal Law Amendment (eight)》 has been promulgated for a long time. China’s food safety problem has improved but the situation is still grim. The food regulatory malfeasance also has many deficiencies in the judicial determination and the application of law on the issue. For how to accurate understanding and application of food regulatory offense of misconduct, the Criminal law scholars and judicial practices department have large differences.This passage explore the food regulatory malfeasance crime of problems, through this crime theory to analyze the study and system combing in order to sort out this crime conviction standard. Work out the problem of demarcation between the crime and Non-crime, this crime and other crimes in the practice, in order that put forward a reasonable proposal for food regulatory Malfeasance legislation perfectThis paper is divided into the following four parts.Part One:From the current situation of China’s food safety and combine food regulatory Malfeasance legislative background, analysis the practical significance of the food regulatory malfeasance incriminate.Part Two:Give the precise definition of the food regulatory Malfeasance and theory of crime constitution from the subject, object, subjective aspect and objective aspect of the crime of structure analysisPart Three:Introduction of supervision negligence theory to analyze this theory in food regulatory malfeasance sin supervision fault liability identified problems, distinction angle from the crime or; Coincidence of Articles angles of this crime and related offenses, further analysis of the applicability of the food regulatory MalfeasancePart Four:From the description of the counts; filing standards; major food safety incidents Standard respectively, proposal to rationalize the penalty settings on the aspects of the food regulatory Malfeasance theory and judicial practice.