Study On The Criminal Protection Of Food Safety

Hunger breeds discontentment,the problem of food related to everyone’s dailylife,it related to the nation’s stability and security,it related to the human survival anddevelopment,it also related with the people’s life and health and stable development ofthe society.With the development of economy,the application of science and technologyin the field of food more widely,it offers more choices to choose for consumers, it alsomake consumers encountered more types of food problems.Now food safety hasbecome even more complex and complicated-,in order to achieve the perfect protectionlaw on food safety, to achieve the stable development of the public health and sociallife,perfect legal protection system becomes more important.A large number of scholarsstudy the law of food safety,under this background,a large amount of data indicates thatfood safety criminal law protection is very important.Compared with administrative lawand civil law to protect food security, the criminal law protection of food safety has itsuniqueness, its uniqueness is other legal can not be achieved.This paper is divided into four parts to describe and discuss the criminal lawprotection of food safety.The first part describes the basic issues of criminal law toprotect food safety,the second part introduces the basic concepts of food safety,exploresthe concepts of food and food safety,food crime and their characteristics.Consideringthe serious condition of food safety in our country at present, and considering theimportance of food safety,considering the bad impact of the food safety problems ofChina’s foreign trade, considering the characteristics of the criminal law Facing the grimsituation of food safety.The severity of the penal code and the function of criminal lawto protect food safety have made it possible and necessary.The second part centered the process of China’s food safety legislation and judicialhistory,to discuss the current situation of food safety in our country criminal lawprotection,the author analyzed amendment VIII to the criminal law of the People’sRepublic of China which issued by the supreme people’s court and the supreme people’sprocuratorate.This section on food safety crimes involving modifications set forth thebackground and reasons for.The third part analyzed the relevant provisions of the criminal law, to find out thatthe presence of some of the status does not meet the needs of the department.take suchas production,Taking producing the behaviors or selling foods which do not meeting the food safety standards fo example,Food safety in our country’s criminal legislationchanges and compared with the previous legislation has made great progress,now thefood safety issue has become the hot spot in the up and down the country,In order tobetter realize the criminal law protection of food safety.to deepen the criminallegislation to protect food safety and the judicial practice is still a long long new, stillneed more efforts we pay it and the research questions.In the fourth part,the author combined with a large number of references andpractical observation,improving suggestions to protect food safety criminal law inChina.The first suggestion is on the idea transformation of criminal law protection offood safety,prevention should be instead of punishment, The adjustment of China’scurrent criminal law chapter design,To include endangering food safety productionmanagement behavior in the second chapter of crime of endangering public safetyregulation.In order to strengthen the crackdown of endangering the food security,maintain public health and safety of life,To strengthen the protection of food safety inthe judicial practice in our country, better realize the purpose of criminal law protectionput an end to roll with the punches hush, the phenomenon such as to escrow,Accordingto the severity of the criminal law, mandatory characteristic.Give full play to the controlfunction of criminal law in the food safety protection,the finally suggestion is to changethe single amendment of criminal law to protect food safety legislation mode.such as inthe way of subsidiary criminal law in the food safety law, in order to achieve a betterprotection of criminal law.Criminal law protection of food safety research has important significance, it notonly can reduce the harm of food safety, the number of crimes to the people’s health andlife safety guarantee, it is also one of the most important aspects of the legal systemconstruction in our country, in order to achieve the goal of building a harmonioussociety in our country.