On The Criminal Law Protection Of China’s Food Safety

Food is the basis of human survival and development, food safety relates to the protection of themost basic human rights." Sanlu milk powder incident" enables the community to pay more attention toChina’s food security, however, in recent years, China’s food safety incidents is still endless: ShuanghuiFood Company Limited used adding "lean" pork in food production; Annually, there are200-300milliontons of waste oil return to the table; Leather hydrolyzed protein was added to the milk, and the leather milkthat artificially raised the protein content of the milk organic ingredients indexes was put into the market.These food safety incidents made people’s nerves stretched tighter and couldn’t relax at any time. Foodsafety issues have become major issues that inhibited the growth of domestic demand, endangered thenormal order of socialism, damaged China’s international image, so we must make great effort to solve thepeople’s livelihood issues. How to make the criminal law to give full play to its role in safeguarding foodbecame the hot discussion of criminal law scholars. I also tried to discuss this issue in this article.Apart from the introduction and conclusion, this article is divided into four parts:Part1: Overview of food safety crimes. This section first introduces the evolution of China’s foodsafety crime legislation. China has the law on the protection of food safety early in history, to the TangDynasty, the criminal legislation on food safety at that time have been more perfected. After the foundationof New China, the legislation on food safety crime experienced from nothing to improve the process.Understanding of the crime nature of food safety and its extension directly influenced our definition of theconcept of food safety crime. Through analysis, I put forward food safety crime naturally and abruptly fromthe narrow and broad aspects. Finally, through the introduction of the present situation of food safety inChina and other laws and regulations’ protecting limitation on food safety, we put forward to strengthen thecriminal law protection in food safety.Part2: The present criminal legislative situation of food safety. From the legislative model of foodsafety crime and crime constitution characteristic, I expounded the present situation of our country’s foodsafety crime criminal legislation. And made contrast on legislative model and the criminal law on theadjustment range of the crime, food safety subjective aspect of the crime, and the Penalty Setting with extraterritorial food safety,"Stones from other hills may serve to polish jade", by comparison, it canprovide a reference for our perfection of the legislation.Part3: The inadequacies of the existing criminal law protection of food safety. Facing illegal actsthat seriously endanger food safety, Codex-legislative model couldn’t enable us to react fast, blow quickly,which is in order to protect public safety and good market order. Strict but not vigorous criminal lawstructure was advocated criminal law structure, which is conducive to realize the two functions of thecriminal law on the crime control and human rights protection. But China’s food safety crime charges set isnot perfect, many illegal acts against food safety are not be defined as criminal. Industrial civilization andtechnology provides us with convenience that a traditional society can not imagine, but also creates manynew hazards of danger, makes the modern society face more and more man-made risks, which makes weneed to shoulder more and higher standard duty. But subjective fault of Chinese food safety crime isdeliberately. Qualification Penalty targeted for food safety crimes set a great significance for CrimePrevention implementation of food safety crime again, but does not improve the specific provisions ofChina’s "Criminal Law" eligibility for food safety crime criminal.Part4: Put forward my own views about the criminal law protection of food safety from legislativeprotection and judicial application. In the aspect of Legislative Perfection, we need to supplement andperfect crimes. We should perfect the crimes of producing, selling products that do not meet the safetystandard, and producing, selling poisonous and harmful food and food supervision of dereliction of duty.And increase related crimes on production and management that does not meet food safety standards andinfant food crimes about production operations which do not meet the safety standards. When we supplyand perfect the charges, we should pay more attention to the coordination of Penal Code and the Subsidiaryof the Penal Code. In order to improve the criminal fine and qualifications punishment, we need focus onthe special preventive effect on criminal injunction at this stage of the criminal subject of food safety.Correct understanding of the relationship between the criminal offenses of food safety is very important forus in judicial practice correct conviction and sentencing, I combined the specific case and specificallyaddressed the relations about the crime of illegal business and endangering public safety, production,production management of toxic and harmful food crimes and the crime of endangering public safety, production, sales that do not meet the safety standards of food sin and the production and sale of poisonousand harmful food crimes.