The Research Of Food Safety

Food is human survival and development, involving human food safety is the most fundamental rights. In recent years, food safety event in our country to sometimes occur, September2008shocked both foreign and Chinese "SanLu problem milk powder" eruption food safety problems into peak and become the focus of legal system one of the events. From the point of view of how the criminal law guarantee food security, effectively against harm of food safety, crime, pay much attention to food safety of criminal crime of system, became a careful study of the problems.This article from the international and our country criminal law on the protection of the present situation of food safety, through the comparison with other countries in the legislation, get some enlightenments. From the legislation mode, all countries to food safety crime legislation, and typical legislation and accessory criminal law legislative model for the Lord; From the indictment form, all countries to food safety notice of crime to describe the form of indication of indictment charges for the Lord; From the nature of the crime, most of the country will food safety rules into the crime of endangering public security of crime; From the behavior, all countries to food safety of the provisions of the criminal include not only the production, sales behavior, but also related to hide, transportation, for sale and display, be hopes for sale or even hype and so on a series of related behavior; Set to see from punishment, for of short-term freedom penalty and all set up fine punishment, and widely applicable for punishment. From our food safety criminal legislation process, roughly experienced an crime, crime of period of time and perfect period three stages. Through analyzing the content of the comb, and pointed out the criminal law on the crime of the shortcomings of the food safety protection and perfect measures. That is proposed increases the provisions of criminal negligence, the food industry is a high risk of industry, food production operators have higher of the duty of care. In food production, operation process, food producers and business operators for their production and sales of food shall be cautious attitude, they take to offer consumers of food safety guarantee obligations and ensure food safety of the duty of care. Suggestions for improvement of fine punishment. Although the criminal law amendment (eight) to involve food safety crime fine punishment made certain amendments, but there are still problems. Suggested adding qualification punishment, and food production and business field is very paying attention to safety and the standard of the territory, into this field, need to license or qualifications, to using a qualification in criminal personal, apply qualification punishment, and can play a special role in the prevention of. And based on the analysis of the key for this crime three key charges, namely the production, sales do not accord with standard of safety of food sin, production, sales and poisonous, harmful food sin and food regulatory malfeasance.