A Study Of Several Problems About The Crime Of Duty Dereliction In Food Supervision

In recent years, events about the food safety in China are frequently seen in newspaper,for example, the lean pork with “clenbuterol”, strawberries and kiwis ripened by hormone,liquor blended by using industrial alcohol hurts people, etc; the situation of food safetycrime becomes more and more serious. At the back of food safety crime, there’re alwayssome crime problems of dereliction of duty including related state government personnelresponsible for the supervision and administration of food safety supervision don’tfulfill the responsibilities, the misuse of authority and dereliction of duty. It not onlydestroys the order of the socialist market economy, harms the lives and health of people,but also destroys the just and incorruptible law enforcement image of the government withextremely bad influences. Therefore, regulations about the “crime of duty derelictionin food supervision” are added to The8th Amendment of Criminal Law, in order to enhancethe penalties for the crime of duty dereliction in food supervision. This thesis attemptsto briefly discuss the crime of duty dereliction in food supervision from four anglesincluding the necessary to enhance the punishment for the crime of duty dereliction infood supervision, the constitutive requirements of the crime of duty dereliction in foodsupervision, the distinguish standards of the crime of duty dereliction in food supervisionand the easily mixed crimes, and the countermeasures to perfect the punishment for thecrime of duty dereliction in food supervision.This thesis is mainly divided into four parts. In the first part, it mainly introducesthe necessity to enhance the punishment for the crime of duty dereliction in foodsupervision. The content of this part includes, firstly, the harm of the crime of duty dereliction in food supervision: it harms the health of the public, damages the order ofthe socialist market economy, destroys the just and incorruptible law enforcement imageof the government, damages the authority and the dignity of the law and destroy the ruleof law. Secondly, the features of the crime of duty dereliction in food supervision: itis always shown in the form of nonfeasance, the subject of crime misconducts the dutyactively by “enforcing the law with profits from the illegal behaviors spoiled by themon purpose”, it’s difficult to investigate and treat the crime of duty dereliction infood supervision as well as investigate and collect the evidences, and it is a prominentphenomenon that the crime of duty dereliction in food supervision always interlaces withthe crime of corruption and bribery. Thirdly, the causes of the crime of duty derelictionin food supervision: the corrosiveness of power is the essential reason, the negativeeffect of market economy is the economic reason, the insufficient power of legalsupervision is the key reason, and the insufficient punishment is the important reason.In the second part, it introduces the constitutive requirements of the crime of dutydereliction in food supervision, concretely including: the object requirements, therequirements of objective aspects, the subject requirements and the requirements ofsubjective aspects of the crime of duty dereliction in food supervision. In the third part,it introduces the distinguish standard of the crime of duty dereliction in food supervisionand the easily mixed crimes, concretely including: the difference between the crime ofduty dereliction in food supervision and the crime of indulging the criminal behavior ofmaking and selling fake and inferior commodities, the difference between the crime of dutydereliction in food supervision and the crimes of abusing administrative power andneglecting of the duty, and the difference between the crime of duty dereliction in foodsupervision and the crimes of misconduct in commodity inspection and in quarantine ofanimals and plants. In the fourth part, it introduces the countermeasures to perfect thepunishment for the crime of duty dereliction in food supervision, concretely including:define the authority and responsibility of each department, determine the criminalresponsibility subject; the legislation should define the standard of major food safetyaccidents; increase and establish property penalty; increase and establish qualificationpenalty; optimize the team of food safety supervision; fully play and extend the functionof procuratorial work, strengthen the supervision of the people’s procuratorate; increase the punishment for the crime of duty dereliction in food supervision as well as the costof crime; normalize the judicial act of punishing the crime of duty dereliction in foodsupervision.