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Food Safety Crime Criminal Regulation System Perfection

Posted on:2014-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2266330422952617Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the modern society, food safety not only related to the life and health ofindividual citizens, more is closely related to the whole quality of national and socialstability and unity. However, frequent food safety incidents repeatedly eroded publicbasic trust, for the food safety need to cause the continuous attention of the wholesociety and action. Legal regulation as a kind of rational means of social governance,is the modern countries to the basic way to solve the problem of food safety. In timesof peace the most coercive power, with its peculiar adjustment of criminal law meansto give play to the important role of the curb severe food safety incident.About food safety problems in China’s current legal system of criminal law is notstrong enough, means less regulation, regulating range is relatively narrow, embodiesthe criminal law article143production, the sale does not comply with the safetystandards of food crime, and article144, producing and selling toxic and harmful food,as well as the crime of endangering public security with dangerous method, and crimeof illegal business crime. Analysis of food safety regulation of the criminal lawsystem in our country exists some problems, such as the crime system of belongingnot science, set lagging behind, unreasonable criminal responsibility and so on.In this paper, according to the questions-decomposition problem-the researchtrain of thought to solve the problem, based on the domestic food safety status quo,analysis of problems existing in the regulation of criminal law in our country, in viewof the problems, combined with our country actual, draw lessons from foreignexperience, to explore a series of solutions, in order to make our country criminal lawto crack down on the crime of endangering the food security can better accomplishmission, safeguard people’s health and life safety.First part by introducing the meaning of the legal standard for food safetyregulation, as well as several kind of mainstream view of academia meaning for foodsafety, clear food safety crime related concepts, the necessary a good groundwork forexpansion of below; According to the food safety crime crime characteristics andcombined with the provisions of the criminal law, summarizes the characteristics of the food safety crime; Based on the status of criminal law in the whole legal systemand punishment of the particularity of this kind of means to adjust the means, theeconomic administrative legal means to control the serious food safety need tocriminal law intervention.The second part discusses the regulation system for food safety crimes in thecriminal law in our country the status quo. Combed the Chinese criminal law on foodsafety crime criminal law regulation of the development course, and through to ourcountry "criminal law","food safety law" and other food safety analysis for thestructure and content of relevant law and refining, full display the structure of foodsafety regulation system of the criminal law in China and the specific content.The third part analyzes the food safety crime in our criminal law regulationsystem the main problems. Specific performance in: China’s criminal law to crackdown on food safety crime of criminal law is still tight, on charges related to mainobject definition is inappropriate, negligent act endangering food safety is a lack ofstrong regulation, failed to reflect to the principle of the prevention and punishment toset is not reasonable.The fourth part, trying to perfect food safety criminal law regulation measuresare proposed: one is strict criminal law, will all all serious violations of the food safetycrime ring,2it is perfect for production operators refused to recall problems incriminal law in regulating food, three is implicated in the specific provisions ofcriminal law system of adjusting position, four additional errors endangering foodsafety crime, five is adding food safety crime of illegal holding type crimes,6is aperfect supplement corresponding punishment.
Keywords/Search Tags:Penalty, reform, trend
PDF Full Text Request
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