A Study Of The Cohesive Mechanism In The Link Between The Executive Law Enforcement Of Food And Drug And Criminal Justice

"Hunger breeds discontentment, and food safety must come first". The food and drug safety in a country and an area is relevant with the credibility of the concerned government. If a country has difficulty in guaranteeing food and drug safety, it can’t get support and cooperation of local people. The food and drug safety determines and reflects the national standard of living and living conditions; it is also the material foundation to the survival of humans. However, in recent years, all kinds of food and drug safety problems frequently appeared:highly toxic pesticide, Clenbuterol, Sudan,Melamine, Poisonous capsules, Stained bread etc. It has repeatedly provoked the public’s nerves. Major food and drug safety accidents happened frequently which makes people to feel indifferent, numb and helpless about the food and drug. And severe punishment on those who endanger food and drug safety, safeguarding the vital interests of the masses, maintaining the socialist market economic order, promoting social harmony and stability become the primary responsibility of the government. From "Four departments can’t hold a bean sprouts" to "Eight departments can’t hold a pig", from "melamine" to "clenbuterol","waste oil","Stained bread"、"Toxic capsules" etc. It reflects there are pitfalls and problems existing in the food and drug regulatory. All kinds of crime, especially the food and the drugs crimes frequently happen. It has a lot to do with the imperfections of our current supervision system, especially for the administrative cases involving crimes, handing over criminal judicial process. As a government agency, it must find out the root of the problem and change the present situation of food and drug.This paper starts from the concept of cohesion with the food and drug supervision and administrative law enforcement and criminal justice to analyze the main reasons for the lack of cohesion from the seven aspects concerning the evolution and status quo of connection, from the mechanism itself defects, administrative department’s oriented interest, the interests of local government, a law enforcement personnel’s personality, the procuratorial supervision system of procuratorial organs, existing laws and regulations. Based on the analysis of the reasons, referent of some of our domestic advanced provinces and cities in food and drug safety supervision field, the beneficial exploration and experience of the link fields, this paper firstly introduces the beneficial exploration to the county in the supervision of food and drug, and the composition of personnel, system, operation mode and the achievements. Secondly, it analyses American advanced practice and experience by introducing The United States in the oversight and supervision of food and drug safety administration system, the food and drug safety supervision system of the United States and the United States of America execution in food and medicine field connection problem. Lastly, based on analyzing the reasons, introducing the experience, this article takes the major space from the two cohesive mechanism constructions; to break the pattern of existing interest, present the existence of parts of the financial system of confiscated money return. Changing "to the penal punishment" phenomenon, refining the reduced cohesion laws, improving its legal status, we should Integrated those in the field of the food and drug laws and regulations and eliminate those policies which are unclear, containing different rules and other issues. So that the current food and drug enforcement and bridging would have laws to abide. Food and drug supervision departments, police departments and prosecution were putting forward their own ideas to improve programs and to emphasize the synergies between the three. From multi-angle, multi-thinking, this paper puts forward the author’s own ideas and opinions in the field of food and drug law convergence.