The Judicial Cognizance Of Food Regulation Of Malpractice

In recent years, China’s food safety accidents occur repeatedly, there are a variety ofcauses of food safety accidents, one important reason is that food regulators malfeasance.Inorder to more effective against food safety in the field of malfeasance crime, criminal lawamendment eight it singled out from the ordinary malfeasance.But because food soon set upregulation of malpractice, food regulation of malpractice of the cognizance of this crime in thejudicial practice there are differences.In this paper, the food regulation of malpractice existingin the judicial cognizance of difficult or controversial issues were discussed, so as to providethe beneficial reference for the judicial practice.This paper mainly divided into the following three parts.The first part is put forward the problems existing in the judicial practice of foodregulation of malpractice, from two cases in the judicial practice in the cognizance ofcontroversy, which induces the dispute or difficult problems in the practice of this crime.The second part is the component elements of food regulation of malpractice dispute ordifficult problem analysis. Firstly, subject to the characteristics of the crime and justice, howshould adopt position rather than identity theory that claims this crime the main body, onlyresponsible food regulatory role of the supervisor and the specific responsible persons toconstitute this crime subject. And then discusses what is a "major food safety accidents" and"other serious consequences", according to the related judicial interpretation in2012shouldbe decided by ordinary malfeasance conviction standard this crime results. Also analyzes thecausality of the crime should adopt a causal relationship between said combining specificsituation analysis.The third part is the food contact related crimes and regulation of malpractice crimenumber.Food regulation of malpractice and abuse of power and dereliction of duty crime is aspecial law and common law relationship, only special law shall prevail.When staff membersof state organs responsible for food regulation by favouritism to find these unsafe orpoisonous and harmful food crime case, penalties, banned, or transferred to cause theconsequences of this crime in addition to breaking this crime will violate the indulgence,producing goods belong to imagine competition make should set a felony.When staffmembers of administrative law enforcement organs also food regulators, prisoners have constitute a crime is not handed over to the judicial organ, may also violate this crime andfavoritism is not handed over to the criminal case.Qualitative depends on its behavior orbehavior, such as a behavior is imagined concurrence breaking two of crime at the same time,from a felony.Such as the coefficient of behavior violate the two crimes should be combinedpunishment for several crimes.Actor bribery after graft should be combined punishment forseveral crimes, behavior a person violating this crime constitutes a prisoners accomplice, atthe same time from a felony.Acknowledge the offender constitute the accomplice of prisoners,the offender is not just knowing that prisoners have illegal behavior, and prisoners alsorequires the common planning how to producing unsafe food or poisonous and harmful food,or in the life with together with prisoners before plotting how to escape punishment, and eveninto shares, etc....