Situation Criminal Regulation Of Food Safety And The Perfection Of The Crime

In2010May about “drainage oil” press release，July melamine milk powder eventexceed the standard stage a comeback，crayfish to appear“hemolysis”etc，Food safetyproblems emerge in an endless stream，“poison”food everywhere，not to have，without donot reflect the food safety of our country still exists hidden trouble.Food safety is thefoundation of human survival and development, matter to everyone health and even lifesafety.Admittedly，with the" food safety law" promulgate apply, food safety problem has beenlargely curbed，but the function of criminal law and the criminal law also makes sense for theproblem of food safety is indispensable. In February25，2011through th“ePRC Criminal LawAmendment (eight)”on the relevant food safety crime criminal law amendment revealedseverely punish food safety crime activity requirements，highlight the strengthening foodsafety crime criminal regulation. This study aimed to re-examine the first food safetyguarantee of criminal law，criminal law seeks to find the first regulation of food safetysupervision and management system of the deficiencies, and put forward the correspondingsuggestion， to promote our country’s food safety environment has further away.Study of food safety is not only has the very strong practical significance，but also hasrich in criminal law, perfection of criminal law.First of all，the food safety of our country environment should be improved，brook nodelay. A variety of means and comprehensive management can play a role in the long-termeffective. Strengthen food safety regulation of criminal law，is the control link is importantone annulus. In the field of food safety，criminal sanction can exceed the“food safety law”and all other relevant food safety legal sanction，the harm to food safety behaviors have astrong deterrent force，safe to food really safe environment plays an indispensable role.Secondly，to strengthen the criminal law on food safety regulation，the criminal law is akind of perfect and promote，in line with international food safety needs. Criminal law on food safety regulation enhancement，also accord with economic development and socialprogress need.Third，strengthen criminal law on food safety regulation，is conducive to nationalstability. Because of the same important for food safety and the important position in thenational heart.“Poisonous cowpea” cases，“drainage oil”，“poisonous eggs” and so oncase affects people sensitive and fragile nerves，hitting people for food safety smallconfidence. If a country even the food safety cannot be guaranteed，imagine，what to talkabout people’s lives and health，what to talk about national security，social stability? From thisperspective，the criminal law on food safety regulation is conducive to safeguarding thenational psychological expectations，so as to maintain social stability.Finally，to strengthen the criminal law on food safety regulation，in the long run，foodsafety issues will endanger the national survival. Who has the right to take food safety togamble the future of the nation. Genetically modified food，“Clenbuterol”case， sodiumformaldehyde sulfoxylate，Sudan red pepper food，poisonous ham，paraffin chafing dish andso on all reflect the loss of the national spirit，when we do not solve this problem or not toface this problem，our sense of responsibility for the nation was still missing，if things go onlike this, the national crisis will not is alarmist.On food safety crime criminal law，the article is divided into four parts：The first part is an overview，namely food safety risk. In this part，the author will on foodsafety and food safety risk definition，and pointed out that the effect of food safety and thelinks on the food safety risk classification.The second part is the criminal law on food safety risk of legitimacy and rationality. Thisis the article focuses on the part of. The author first argues that criminal law should foodsafety crime legitimacy，the author thinks that the criminal law of utilitarian and tooldetermines the criminal law deal with food safety risk is proper. This legitimacy by foodsafety risk of criminal law should route to decide. Food safety risk of criminal law on linebasically can be summarized as：Food accident frequency prompted the state to develop arational social policies，because the criminal law and social policy of the natural connection， the criminal law theory in practice is bound by social policy guidelines，which triggers thecriminal law within the framework of the system to adjust itself to fit the social policy needs，from the fundamental and the changing social needs to keep fit，the vitality of criminal law.Secondly，the author will from the benefit of the doubt and suspicion of punishment，according to preference utilitarianism doubts and questions，modesty of criminal law fromsome questions and answering， safeguard function of human rights weakening toomisunderstanding and demonstration four respects to prove the rationality of criminal law onfood safety risk.The third part is the regulation of criminal law against the crime of status and lack offood safety. Firstly the author will review our current criminal law on the crime of food safetyregulations. Secondly，the author thinks that China’s current criminal law，food safety crimeobject of adjustment of narrow， illegal production and sales of food safety crime“incorporation”needs to be made clear further，in the judicial practice of“serious”cognizance of the existing difficulties，illegal production disable food additives behaviorjudicial interpretation is not uniform.The fourth part is the food safety of criminal law regulation and perfection. In this part，the author thinks that in the overall strategy should establish Abstract dangerous criminal anddangerous criminal negligence. In the legislation and judicial practice，the author thinks weshould expand food safety crime object of adjustment，with production and sales of fooditems，to increase participation in the crime of counts is described，in the judicial practice ofthe crime should be understood as abstract dangerous criminal，appropriately increase seriousjudicial interpretation.