Research On The Criminal Regulation Of Food Safety Crime

Food safety issue has always been a major concern of the common people andwould have a direct impact on the living standard of each individual. To deal with therising various problems of food safety issues,"Criminal Law" conducted a number ofregulations, but the criminal regulation systems for food safety crimes are not fullyformed at present, and there are still some problems to be perfect. In this paper, Iconducted in-depth analysis of criminal regulation systems for food safety crimes andput forward my own proposals, hoping to make some contribution to solve theproblem of food security.The article is divided into four parts. The first part is an overview of food safetycrimes. Some of the critical concepts, such as food, food safety, food safety crimesand crimes constituting are introduced and analyzed.The second part presents the China’s criminal regulation system for food safetycrimes, including the current status of China’s food safety crime, characteristics andstatus of China’s criminal regulation. Focus is on the formation of crime criminalregulation of food safety systems, as well as China’s "Criminal Law" on this issuerepairs-including the "Criminal Law Amendment (h)" and "interpretation on thehandling of criminal cases endanger food safety law applicable to certain issues."Moreover, I analyzed present characteristics of China’s food safety regulatory system of criminal punishment, one is its passive legislation, and the second is its heavy trendlegislation.The third part is an introspection of China’s food safety regulatory system ofcriminal punishment. First, a brief introduction of formation and the provisions offood safety issues in developed countries such as the United States, Japan areconducted, so that some successful experiences could be obtained by the comparison;then I conclude some of critical four problems of China’s food safety regulatorysystem of criminal punishment. The first is related to the lack of docking between theregulatory system and the "food Safety Law"; the second is the insufficient concernabout genetically modified food; the third refers to the narrow provisions onsubjective guilt; the fourth is the missing of the penalty eligibility on punishment.The fourth part is to improve the safety of China’s food regulatory system ofcriminal punishment. I put forward four effective proposals according to the problemsraised in the third part. Firstly, to set new charges to ensure perfect butt between theregulatory system and "Food Safety Law". Secondly, to increase attention on thesafety of genetically modified foods. The third is the introduction of strict liability.The fourth point is to add the regulation on the qualifications punishment.