Research On Problems In The Judicial Cognizance Legislative Perfection Of Food Safety Crimes

To the Country, people is all-important, To the people, foodstuff is all-important.To the foodstuff, safe is all-important. Food safety is related to the vital interests ofpublic health. In recent years, many food-safety issues were exposed in the public eyeincluding the lean meat, drug formula, bean sprouts, illegal cooking oil, dead pork.The PRC Criminal Law Amendment (eight) in February25,2011, updated andrevised the crime related food-safety. The supreme people’s court and The SupremePeople’s Procuratorate issued new interpretations problems of applicable law, whichunified the sentencing criterion and the law application of the difficult cases, given thejudicial cognizance standard of relative crimes. This amendment create a socialclimate favorable for preventing and controlling food safety crime.This paper attempts to overview food safety crimes, describing characteristics offood safety crimes and detailed analyses the implications on China’s food safetyproblems in judicial cognizance. By introducing extraterritorial regulation of foodsafety crimes, this paper tries to providing certain theoretical support to the applicablein China’s food safety crime in the judicial and legislative improvement.First part of this paper，at the beginning legally defines the concept of food, thenthe concept of food security and food safety crimes. Using comparison research ofmethod, introduce and comment extraterritorial food safety criminal regulations system. Among the civil law countries, choosing Norway, Italy, Japan and Russia formain introduced object, as their regulation in food safety crime are typical andrepresentative. Common law countries select United States, and United Kingdom forintroduced object. After that this section describes in detail the development track ofChinese food security criminal regulations. namely from the lack of specificprovisions to the specific provisions of criminal law expressly; from the The PRCCriminal Law Amendment (eight) modification and supplement of the crime, to Thesupreme people’s court and The Supreme People’s Procuratorate issued newinterpretations problems of applicable law.In the second part, this paper tries to introduce China’s current foodcharacteristics and analysis the causes of crime from two innovation perspectiveaspects: criminal henomenology and element of subjective aspects of a crime, andthen from the aspect of economic and social and legal aspects, the author analysis thereasons of China’s food safety crime, to stop and prevent more targeted food safetycrime.The third part of this article analysis problems of judicial cognizance of foodsafety crime from four aspects: the classification, definition, crime subject, subjectiveaspects. This paper argues that food safety crime belongs to the economic crime, themain object is the management order of socialist market economy, therefore there isno need to adjust the existing layout of the specific provisions of food safety crimes.Food safety crime object, to the understanding of the criminal law on the food safetyas a generalized, which includes food and food additives, genetically modified foods.The part also analyses how finds "not meet security standard of food", and "toxic, andharmful food". On the food safety crime behavior, this paper argues that "productionand sales" should be understood as food production and business activities, includingfood processing, sales, transportation and storage process;"mixed" should beunderstood as human action, namely the law banning the use of toxic or harmfulnon-food raw materials to join in the production and sales of food.The fourth part in this paper, based on the crime system of food safety system inChina, suggests merging of the criminal law article143production and article144; split one of article408of the criminal law of, amend the "food regulation ofmalpractice" to "food safety regulatory dereliction of duty","food safety regulation ofabuse of power crime"; add the food safety crime of criminal negligence "food safetyaccident crime".