On Food Safety, The Protection Of Criminal Law

The criminal acts of Endangering food safety， occur in the process ofproducing and selling, in accordance with Criminal Law, which should be heldcriminally liable. The constitutes of those kinds of crimes include:(1)thesubject of those crimes can be either a natural person, or the unit;(2) thesubjective elements of those crimes are intentional and for the purpose toobtain illegal benefits;(3) the criminal objects are composite objects,consisting of both the management system of food safety and the legitimaterights and interests of consumers;(4) the objective elements are composed ofproducing or selling the food that is not up to hygiene standards, producing orselling poisonous and harmful food, or any illegal acts in business operation.From the positive perspective of Criminal Law, according to whether acrime directly violates the management system of food safety, the crimes ofendangering food safety can be divided into two types: basic crimes andextended crimes. Basic crimes are criminal acts that directly violate the foodsafety management system, namely, producing or selling the food that is notup to hygiene standards, producing or selling poisonous and harmful food. Thecorresponding extended crimes that indirectly violate the food safetymanagement system, but they have ties with the basic crimes that endangerfood safety in light of the system of criminal norms, such as the crimes ofproducing or selling fake products, dereliction of duty to supervise the foodsafety, or any illegal acts in business operation. This article will introduce the"Criminal Law Amendment (VIII)", in which involves the modification about thecrimes of endangering food safety,, to pave the way. On basis of theintroduction, this article will analyze the current system of criminal norms,and ultimately make a number of recommendations to improve the existingsystem of criminal norms.This paper is divided into four parts： The first part is an overview of the article, which discusses the researchbackground and significance of the article and review the existing literature.The second part introduces the legislative history of the crimes ofendangering food safety. This section illuminates the historical origins ofthose crimes and discusses their corresponding status in foreign Criminal Law.At the same time, I define the basic concept and scope of those crimes.The third part analyses the specific crimes and discusses theoreticalproblems.from the perspective of positive law.The last part discusses the ought-to-be alternatives of the criminal Lawabout the crimes of endangering food safety, including analyzing thetheoretical debate about the severe and light punishment on those crimes andputting forward some some suggestions about legislative perfection.