The Study On Disciplinary To The Illegal Activities In The Food Safety Law

2009"food safety law of the People’s Republic of China (hereinafter referred to as the"food safety ") promulgated formally, the fundamental purpose is to ensure food safety.Butsince the food safety law promulgated, our country have not been fundamentally reverse thesituation of food safety incidents in, instead have intensified trend.The author thinks that ourcountry "food safety law regulation effect is not obvious, disciplinary system did not curbillegal behavior occurs, the deterrent effect of social members.Lawbreaker implementing foodsafety violations of fundamental purpose is to obtain illegal interests, and the food safety lawexist disciplinary penalties for violations of the small and low probability of disciplinaryreasons, contributed to the food industry the illegal cost is low, the illegal gains highphenomenon.To change the present situation of food safety incidents in only intensify aboutfood safety violations of discipline and punishment probability, maximum limit reduce illegalincome, and improve the effectiveness of food safety violations disciplinary system.Thisarticle is from improving the effectiveness of food safety violations disciplinary system,analysis of the current legislation on food safety violation penalties and punishmentprobability problems, and puts forward some corresponding perfecting suggestion.In this paper, besides preface and epilogue, a total of three parts, about20000words.The first part, an overview of the food safety violations reprimand.First of all, on foodsafety, food safety violations against food safety violations and related concepts todefine.Secondly, from the "food safety" chapter9and the criminal law of the People’sRepublic of China (hereinafter referred to as the "criminal law") with the specific provisionsof the law violator legal liability, analysis of the food safety law violator shall bear civilresponsibility, administrative responsibility and criminal responsibility.Again, put forward thefood safety violations punishment function, i.e., to curb illegal behavior happenagain;Maintaining the social public interest;Maintain the normal order of marketcompetition.Finally, analyze the factors affecting the effects of punishment.Put forward thefood safety violations punishment can produce the desired effect, mainly depends on theprobability of punishment and punishment.The second part, the current situation of food safety violations retribution.From twoaspects of the probability of punishment and punishment, analysis of the current food safety violations punishment for lack of effectiveness.First of all, on the punishment dynamics existthe following problems:"ten times compensation system" compensation is too low,calculation is too rigid;The administrative liability amount is not high, legal liabilityprovisions are too general, there is no distinction between intent and negligence, repeat andrepeat, enterprise and individual;Criminal responsibility freedom punishment too light,punishment, fine responsibility nature localization, punishment scope too narrow, lack ofqualification punishment.Secondly, in terms of the probability of punishment exist thefollowing problems: inadequate regulatory capacity, main performance in the aspect of humanresource shortage and poor ability testing;Regulatory enthusiasm is not high, mainperformance in the regulatory authority responsibility divided not clear, administrativesanction the lack of institutional regulations, lack of appropriate incentives.The third part, the Suggestions for the improvement of food safety violations disciplinaryeffectiveness.This part based on the third part puts forward the legal problems of disciplinaryprobability and penalties, the improvement of the corresponding Suggestions are putforward.First of all, in the aspect of improving penalties: one is established based on theactual damage of the consumer for the compensation criterion, ten times compensation finesof up and down limit, determine a more flexible way of damages such as measures to improvethe system of ten times compensation;2it is based on the provisions of the bench when thepunishment decision is made, increase penalties of administrative cases, and refinement oflegal liability provisions;3it is food safety crime of criminal law norms, in the specificprovisions of criminal law provisions of endangering public safety under such crimes, set up aspecial section-"the crime of endangering the food security", the existing production, the saleis not in conformity with the safety standards of food crime, and production and sales ofpoisonous and harmful food absorption in, at the same time to join the negligence, preparationof illegal behavior and transport storage penalties, additional qualifications for food safetycrime punishment rules, forming a full range of food safety protection;Four is to establish asystem of food safety compulsory insurance, ease penalties increase caused by the negativeeffects.Secondly, put forward the following Suggestions: in terms of improve the probabilityof punishment by raising the regulators human resource allocation and inspection ability,establish independent food safety inspection testing center, the introduction of the third partysupervision and other measures to improve the regulation ability;Through improve the foodsafety administration accountability system, the performance appraisal system to improve food safety regulation.