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Analysis Of The Food Regulatory Malfeasance

Posted on:2015-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:M L HuFull Text:PDF
GTID:2296330467954452Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Food regulatory malfeasance is a new crime of the amendments to the criminallaw.The basic crime of malfeasance are the crime of abuse of power and the crime ofdereliction.So if there is food regulation of the crime,We can use the above-mentionedtwo charges.The additional charge means that legislators pay more attention to thesupervision of food safety.Furthermore,Food regulatory malfeasance is next to thecrime of environmental supervision and dereliction of duty.This means that the twocrimes are similar in some ways.This paper aims at a comprehensive analysis of foodregulatory malfeasance, divided into four parts to discuss knotty problems in thecrime of malfeasance of food supervision.The first part, introduction to food regulatory malfeasance.It includes threeaspects of concept, food regulatory malfeasance classification and Chinese andforeign food supervision of the criminal legislation of the field differences.The second part, food supervision legislation of malfeasance crime determinationof difficult problems."Breach of privilege " and " be forgetful of one’s duties "are twomain parts of the crime, constitution interpretation can help to better understand thefood regulatory malfeasance on its."Breach of privilege" behavior which is beyondthe authority and the improper exercise of powers of two,"be forgetful of one’sduties" to not perform or not perform their duties seriously.In addition,public opinionsare divergent forms of food supervision malfeasance, I think it should includ bothintention and negligence. The third part, food regulatory malfeasance judicial determination of difficultproblems.There may be a common criminal malfeasance in the supervision offood.The state organ staff malfeasance crime does not constitute a crime to foodproducers, sellers act.If there is overlap of articles of law, shall comply with thespecial is better than general principles.The fourth part, food regulatory malfeasance legislation defects and perfectingsuggestions.Food regulatory malfeasance regulation exists crimes in charges ofexpression, filing standards is not clear, the legislative lag, lack of narrow subjectetc.In order to adapt to the needs of judicial practice, the crime and the facts of foodsupervision malfeasance should be changed accordingly, at the same time as soon asthe judicial interpretation, the "major food safety accidents","other seriousconsequences", the unity of the guarantee law.
Keywords/Search Tags:Food regulatory malfeasance, abusing authority, dereliction of duty, joint crime
PDF Full Text Request
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