Analysis On Food Regulatory Malfeasance Crime

In recent years, the food safety problems became more and more serious andthe food safety accidents occurred frequently. It is true that so many accidents offood safety was related with the food producers and operators, but also with thepeople who have the duty to supervise the safety of the food. As the saying goes,“Tomanage a state should govern its officials first, To govern officials should managethem strictly.” The requirement is quite urgent to punish food regulatory malfeasancecrime to build a harmonious society. Basing on this belief, Criminal LawAmendment(H) set the “Crime of food regulatory malfeasance” which made up forthe blank field of punishing the food regulatory misconduct. However, since it was anew crime, there would be some problems still need to be clarified. Therefore, theauthor analyzed this crime form the beginning of legislation and throw outsuggestions to solve existing problems and to perfect the crime.This paper is divided into four parts. The first part is a general introduction ofthe legislation background and the significance value of the food safety regulationmalfeasance crime. The second part of this paper is about the legislative analysis onconstitutive requirements of food regulatory malfeasance crime, including differentviewpoints on criminal object, understanding and recognizing of the object aspect ofcrime, the definition on state personnel and the scope definition on chines foodsafety regulatory system, the analysis on subjective aspect of crime. The third part ofthis paper is the boundaries of food regulatory malfeasance crime and related crimes and the resolutions of accepting bribes in the process of food regulatory malfeasancecrime. The fourth part of the paper is about the thinking and suggestion on foodregulatory malfeasance crime. At the beginning of the legislative suggestion to thiscrime from academic circles, author put her own view on how to improve this crime,and how to make this crime applying to the judicial practice better, and tostrengthen the protection of criminal law for food safety, to reduce food safetyaccidents.