The Crime Legislation Research About Food And Drug Safety

In recent years, the cases about the food and drug safety appears repeatedly, that has become one of the important factors to impact on the people’s stability, endanger social stability, damages the credibility of the government, and hinder the sustainable development of society. Although the government promulgated the Drug Administration Law of the People’s Republic of China(hereinafter referred to as the "Drug Administration Law ") and the PRC Food Safety Law (hereinafter referred to as the "Food Safety Law") to regulation them, in2013, the Supreme Court and the Supreme Procuratorate also promulgated The Interpretation of a Number of Issues about the Law Applicable to the Criminal Cases of the Food Safety by the Supreme people’s Court and the Supreme People’s Procuratorate, in the current situation, due to the lack of knowledge and legislative techniques about the essence of such legislation, the social harmfulness of the crime, and the behavior type, the Criminal Law of the People’s Republic of China have defects in the propriety of crime type settings and punishment, and is unable to adapt to the Food Safety Law issued under new control concept, which makes the gap in the legal level, and even some specific logic provisions exists between the administrative law enforcement and criminal justice on the food and drug safety. These legislative problems and other aspects of the problem, make the criminal judicial procedure in vain to control food and drug safety crimes, the law which should be the most useful tools to against the food, drug safety crime unable to play the social expectation on its effect. Due to the special type of the crime, the type of person liable, criminal punishment types about drugs and food safety, it is urgent to amend the criminal law, perfect the related charges, in order to powerful strike this kind of crime, and guarantee the people’s life quality.There are three parts in this paper:the first part is the background of this writing, mainly elaborates the current status and characteristics of the crime of endangering food and drug safety; the second part mainly introduced the present situation of legislation of the food and drug safety crime in China, focuses on the shortage of the legislation about the food and drug safety in China; based on the two parts above, the third part put forward the author’s ideas and opinions to establish and perfect the security system of food and drug for China, to solve the problem about the shortage of the legislation and judicial of the food and drug safety.