Research On Food Safety Regulatory System Criminal Offenses

Food as an important material information in an integral part of human survivaland development. Food security is not only related to the people’s fundamental rightto life and health, but also related to social stability and development of the country,and its importance is self-evident. Once the food safety problems, damage not only tohuman health, the destruction of its socio-economic development and building aharmonious society is enormous. To this end, the criminal law as a last line of defenseof the social security, on the issue of food safety crime exerts its protective role insafeguarding crack down on crime, food safety, to protect the vital interests of themasses of the people.Chapter I: The theoretical basis for the criminal regulation of food securitycrimes.The reasons why criminal law should be introduced to the aspects of the foodsecurity are listed on these thesis. Started with the two aspects of serious social harmfrom food security crimes and its security on criminal punish, then involved in theconcept of the risk of criminal law and strict liability theory.Chapter II: Analysis of China’s food safety regulation of criminalization.Description on the pattern of criminal legislation of food security crime. andsummary analysis from the crime constitution. And the existing problems in theregulation for food security crime on the criminal law of our country are analyzed,such as food safety crime is stipulated in criminal law of third chapters, namely thecrime of undermining socialist market economy order is slightly not correct. At thesame time, China’s criminal law on the scope of regulation of food safety crime is notcomprehensive, such as criminal law regulation on food crime scope is too narrow,the negligence of food safety hazards, the behavior of omission shall not be convicted.In the penalty set, fine on food safety crime punishment is not perfect, qualificationspunishment is absent.Chapter III: Legislation on criminal regulation of food security.Mainly aimed at the defects of the second chapter presents proposed the corresponding solution. In charge of perfection, for example corresponding criminalresponsibility should be provided of unsafe food recall system; he current criminallaw mainly focused on the production, sales and supervision behavior in the aspect ofcohesion of criminal law and the law of food security, what is more, behaviors onfood cultivation, aquaculture and circulation link should also be of strict regulation,the usage of the fine penalty and qualification penalty should be comprehensive.