Research On Criminal Law Of Not Performing The Food Recall Obligations

In recent years, food safety accidents happened frequently, the situation of food safety problem in our country is grim. The criminal law as the last line of the defense to protect food safety, should increase the intensity of the regulation of food safety problems, and play a protective role on food safety. China’s criminal law regulation of refusing to fulfill the obligations of food recall has laid a legal foundation. To make this kind of behavior into the criminal law has the necessity and the feasibility, necessity lies in maintaining social harmony and stability and the order of the market economy and the perfection of the criminal law, the feasibility is China’s relevant laws and regulations have been issued with reference to foreign legislation. Added "refused to recall the food safety crime", the direct purpose is to prevent this kind of behavior from the source, the theoretical basis is the theory of the risk of criminal law, negative crime, four elements crime constitutionThis article is divided into four parts:The first part, the reality of make the behavior of refusing to fulfill the food recall obligations into criminal law. It mainly introduces the origin and development of the food recall system, as well as China’s food recall system development and present situation, and analysis of the necessity from the economic, political and legal. and analysis ht feasibility from the existing laws and regulations.The second part, the theoretical basis of make the behavior of refusing to fulfill the food recall obligations into criminal law. Through the introduction the theory of the risk of criminal law,and analysis when we in the risk society, face to the behavior of refusing tu fulfill the food recall obligations, the problems and measures of criminal law. Through analysis the theory of the risk of criminal law, explain the basis of provisions for the crime. Through the comparison of the mode of constitution of crime, select the suitable mode of constitution of crime.The third part, the foreign investigation of make the behavior of refusing to fulfill the food recall obligations into criminal law. Through the introduction and analysis of the United States and Canada food recall system, understand the development trend of international food recall system. Combining with China’s national conditions, learn the advanced experience of foreign countries. Explain make the behavior into criminal law is necessary.The fourth part, the specific design of make the behavior of refusing to fulfill the food recall obligations into criminal law. Through the design of the charge, to enable people to have a preliminary idea of that. Through the introduction of the mode of constitution of crime,analysis the the specific content, obtain the design of specific penalty refused to recall the food safety crime...