The Judicial Application Of Theory Of Food Regulation Of Malpractice

From the point of view of the offense, the harm of this crime behavior regulationand food including food regulation of abuse of power by dereliction of duty behaviorof two kinds of behaviors, which include "has no right to make free with" and "shallhave the right to abuse" these two kinds of behaviors, the latter refers to "fails toperform or not to perform the labor" behavior. Both food regulatory misconduct caneither "as" methods of implementation way of "inaction". From the point of view ofharm result, two kinds of food regulatory misconduct caused harm result should setup the necessary food regulation of malpractice is the constitutive requirements ofcrime elements, its severity can generally through the specific size of the number ofcasualties and property losses and other aspects to consider, exception cases frompolitical influence and social impact of these two aspects to consider. From the pointof view of causality, is "inevitable" directly or causality food safety regulation"directly responsible" objective foundation of criminal responsibility;"Indirectly orby chance" causality is food safety regulation "the person in charge directlyresponsible for" objective foundation of criminal responsibility. From the point ofview of crime subject, the food of the regulation of malpractice crime subject only"the personnel directly responsible for the food safety regulation" this category, notincluding "the personnel responsible for the food safety of indirect regulation". Fromsubjective perspective, the subjective aspect of food regulation of malpracticecontains both intentionally, also contain errors, and the two form cannot exist at thesame time.