On Legislative Perfection Of The Crime For Producing And Selling Food Not Up To Safety Standards

In recent years, frequent food safety incidents in China, has greatly undermined people’strust on food safety, and seriously damaged the image of our country. The cause of frequentfood safety incidents is double-face. The food producers and sellers ignore the moral bottomline while reaping huge profits. On the other side, it reflects the problems of China’s foodsupervision, lack of legal regulation and so on. Therefore, in order to intensify thecrackdown on the food safety crimes, china has been improving and perfecting laws andregulations of food safety. However, due to legislative and other technical factors, China’sfood security penal legislation also has flaws, such as improper attribution in the specificprovisions of Criminal Law, unreasonable provisions of fine penalty, lacking of criminalnegligence. This artical starts from the basic theory of Crime for Producing and Selling FoodNot up to Safety Standards, and analyzes the defects of legislations in our country by lookingat food safety crime legislation of foreign countries, and then gives some suggestions of theimprovement of the legislation.The article divides into four parts: Part one is the overview of basic theory of Crime forProducing and Selling Food Not up to Safety Standards, such as the definition andcharacteristics of this charge, the differences between related charges. Part two is theanalysis of food safety crime legislation of foreign countries and lessons which we can drawfrom them. Part three is the defects of legislations in our country, such as improperattribution in the specific provisions of Criminal Law, unreasonable provisions of finepenalty, lacking of criminal negligence and so on. Part four is some suggestions givenaccording to the defects, such as including this crime to the crime of endangering publicsafety, defining applicable standards of fine punishment, establishing criminal negligence ofthis crime and setting up qualification punishment and so on.