Food Applicable Regulatory Malfeasance Problems And Countermeasures

Recently, the frequent occurrence of various major areas of food safety accidents, cause for concern, become a social hot issues. Food is one of the main regulatory malfeasance food safety accident occurs, is also an urgent need by taking effective means to solve the problem."Criminal Law Amendment (h)" The food regulatory malfeasance from the general dereliction of duty which precipitated its independence into sin, reflecting the state for the class of criminal malfeasance food regulatory attention, highlighting the governance of the country at this stage appears frequently on food resolve security issues.However, implementation of the food regulatory malfeasance of less than three years, in law, judicial practice, aspects of the practical application of the prosecution mechanism, there are still some loopholes and defects, affecting the specific application of this crime. Through Analysis of food regulatory malfeasance, and identifying obstacles to this crime applies to the specific difficulties of sound through Network access legislative, judicial determination criteria to refine and perfect the mechanism prosecutors handling the case, an effective solution to the crime problem in the specific application.This paper is divided into five parts. The first part is the introduction, by the typical case illustrates the specific application of this crime among the judicial practice, and leads to the problems apply. Introduction also includes the background, purpose and meaning and methods of the topics. The second part is an overview of the food regulatory malfeasance, the constituent elements of the crime from a comparison with other similar offenses, a simple understanding of the specific application of this crime. The third part is applicable to the food situation and the plight of regulatory malfeasance by a brief description of the crime in the country currently applicable situation, find difficulties that exist in the specific application. Defects including legal provisions, judicial and procuratorial organs found missing difficulty handling mechanism, three aspects. The fourth part is the food regulatory dereliction of duty applicable to problem-solving measures, the third part of the analysis by the difficulties, the corresponding countermeasures. Including the improvement of relevant laws and regulations, improve the criminal responsibility evaluation standards, improve the working mechanism of the prosecution, three aspects. The last part is the conclusion of the first four parts and summarized and concluded.