Study On Legislative Improvement Of Food And Drug Safety Crime In China

In different stages of social development, the food and drug safety have different meaning, but no matter in which one stage of development, make sure the food and drugs Safety are the goal of the legislation. The lack of integrity, the lag of food and drug technical standards, the unreasonable of regulatory model especially caused food and drug crime by legislative defects. And then, damage and threat public lives, ruining economies, shock the society’s harmony and stability. When the food and drug criminal behavior was already violated the state and public fundamental interest. Just need laws in particular the crime as the security act, perfection of legislation, and promptly involvement, present its position of guarantee the food and drug security. Because of the incomplete of our state’s legislation, the narrow range of crimes form, the lack of qualification penal]y, the deficient of unlimited fine penalty that against principle of legality cannot play the criminal law effect. Some major country of common law and civil law about the specify of food and drug crime, fault form relatively complete, the qualifications punishment reasonable good use, set the penalty reasonable can fit the current trends of against food and drug crime, the legitimacy is worth to learn. So Combined with the actual situation in our country to perfection of food and drug legislation, protection of the fundamental interests of the country and the people is the most pressing for add the offender’s legal liability and build the supervision and punishment mechanism of food and drug crime. Perfection of food and drug legislation including: widen the harmful behavior, broadened the crimes form, adding qualification penal]y, adjustment fine Penalty.