Research On The Problem Of The Food Safety Protected By Criminal Law

With the development of society and economy, the issue about the food security concerning people’s life and health becomes more and more important.The rapid technological progress and the constant renovation in crimes have already made the number of food safety case and the national food safety crime rate increasing sharply, and the damages and bad impacts caused by it are getting more and more stern, so the situation of the national food security is extremely serious. Summarizing the reasons, it is not difficult to find out that besides the producers and sellers rush into danger to seek economic benefits, the laws and the regulations are still not perfect. The main point of this article is about to increase the punishment of food safety crime and present my viewpoint about perfecting the relevant criminal legislation, in order to further improve and regulate the food safety criminal legislation.The article is mainly divided into three parts.The first part exhibits the status of the food protection under criminal law.This part introduces the characteristics of this status,which are the feature of food safety cases, the specialization of criminal means, and the invisibility of food crime,that cause the food crime is getting worse and people’s life and healthy are under threat.The safety issues of food are inherently different from the traditional safety problems,which need more protection and punishment from the criminal law to to guarantee the rights of citizens and maintain the social harmony.Thereby it reflect the importance of the food protection under criminal law.The second part analyzes the problems existing in the Chinese food safety protection. With the "The Amendment to the Criminal Law of the People’s Republic of China (ⅤⅢ) " and the "On the trial to the food safety criminal cases several provisions applicable legal" dispensing, the national criminal law on food safety is becoming more and more perfect, however, there are still existing some flaws and some legal loopholes. For example, the judicial interpretation is not perfect, lack of punishment to the non-action crime, criminal law is not exactly reasonable, the range of subject crime is too narrow, the principles setting the penalty are too general.The third part elaborate how to consummate China’s food safety criminal law system. According to the flaws and some loopholes of food safety criminal law, summing up the second part, I put forward my suggestion, Such as adding the crime of production and sales the food not meet the safety standards and the crime of refusing to recall unsafe food, adding special provisions to protect the pregant wo wen, the olds,and the other special populations.The main charges of food safety crime should be stated in the chapter of the crime of endangering public safety,the subjective aspects of the crime of production and selling the poisonous and harmful food should add the negligence crime, and perfecting of the fine penalty.to build the tightest legal nets, to fight against food safety crime effectively.