Study On The Establishment Of Qualification Penalty Of Food And Drug Safety Crime In China

The qualification penalty is a theoretical concept. It is a kind of punishment whichdeprives the criminal of the qualification about having and exercising the certain rights. Thequalification penalty has a special function in some economic crime. In recent years, thecrime of food and drug safety is frequent in our country. Food and drug safety situation isvery severe, but the punishment method of food and drug safety crime only has freedompenalty, property penalty and life penalty, which still has no qualification penalty, especiallythe business prohibited of qualification penalty. The lack of qualification penalty makes thefood and drug safety crime legislation show the following disadvantages: The first one, it isdifficult to control this kind of crime fundamentally. The second, it departs from the value ofpenalty playful. The third, it makes the legislation of this crime is not scientific andrigorous. From another side, these disadvantages show that the crime of food and drug safetyin China should set the qualification penalty. From the study of foreign developed countriesabout legislation on food and drug safety crimes, we can find that they set up qualificationpenalty of business prohibited generally. We can regard this as an important reason whichleads to food and drug safety situation is better than China and other developing countries. Itprovides commendable extraterritorial experience for creating new qualification penalty ofChina. It also has the feasibility of setting the qualification penalty of food and drug safetycrime to some extent. The specific way of setting qualification penalty on food and drugsafety crime in China shows the following sides: The first one, setting business prohibited ofqualification penalty. The second, increasing the qualification penalty of the unit crime. Thethird, establishing the qualification penalty of rehabilitation system.