On The Fault Form Of The Crime Of Food Regulatory Malfeasance

The questions of food safety is a major incident relating to people’s life safety, alsoaffecting the stabilization and development in our society. Based on the theory of risksociety and the determination of prevention the food safety accident, Amendment Ⅷ toCriminal Law of the People’s Republic of China added the crime of food regulatorymalfeasance, which was denominated by the Supreme People’s Court and the SupremePeople’s Procuratorate. The establishment of the accusation on food regulatorymalfeasance leads the discussion of subjective fault in criminal theory and judicialpractice. One of the most controversial research is the compound fault. The theory whichsupported by many scholars has both the academic value and practical significance, butthe author is still negative. This thesis is intended to analyze the appropriate theory ofsubjective fault in line with our actual situation, then improvement the legislation statusof the crime of food regulatory malfeasance.This paper is divided into5parts. The first part is about the legislation background,concept and the constitutive requirements of the crime of food regulatory malfeasance.And the different viewpoints on subjective fault are summarized in the first part. Thesecond part states the compound fault detailedly from four aspects: theconcept,ideological origin, epistemological foundation and applicable scope. The thirdpart is about the negation of the compound fault. Then it put forward viewpoint andopinion of advocating the single fault in the forth part. The fifth part describes the way tocarry out the single fault in the crime of food regulatory malfeasance. These measuresinclude determining the accusation by legislature, splitting it into two parts，distinguishing strictly between deliberate and fault. Comparative method, historicalmethod, case analysis method and logical reasoning method are used in this paper.