Lower Risk Of Social Context Of The Criminal Law To Protect Food Safety

Food safety is related to people’s livelihood, but in the last decade, our country has many serious spate of food safety incidents. Making on food safety and regulatory constraints stretched laws and regulations, but also the legal research food safety pins and needles. Food safety issues not only seriously jeopardize the socialist market economic order, but also on the property, health and safety nationals pose a serious hazard to food safety issues increasingly grim moment, accompanied by in-depth study of the "risk society theory" of incoming and scholars, food safety is part of the "risk society","risk", and whether the country has entered the so-called "risk society" has become the focus of the discussion focused on criminal law. Criminal law as a guarantee of food safety last line of defense, how to effectively deal with rising food safety "risk" sex,"risk society theory" opportunistic fanatical supporters began to show their talents, that "perfect" food safety recommendations for various criminal law protection so criminal law can be more proactive response to a food safety risk intensifying. On the face of public authority to protect the public welfare, maintaining social stability and policy-driven universal ideas could lead to criminal law criminal regulation frenzy, how to maintain a rational, the "risk society theory" legitimacy to fully tap the value of the real reasonable, scientifically sound food safety protection of criminal law. I stood under the "risk society theory" provides a new perspective on criminal law issues related to food security were discussed, with a view to the protection of the criminal law is more comprehensive food safety provided modest.The main contents of this paper is divided into the following sections:The first section describes the basic concepts of the theory of risk society and food security from the perspective of a "risk society theory" to re-examine food security "risk"characteristics.The second part is a comparative study of the rule of law is more advanced foreign criminal legislation on food safety, and outlines their characteristics, improve food security for our criminal legislation provides theoretical support.The third part of the evolution of China’s food safety legislation of the sort, of our current food safety norms to interpret criminal law, criminal law protection described the current enthusiasm lies in the interpretation process, also refuted the "risk of criminal law", On a certain extent by expanding criminal who proposed to deal with the French social risk proposition.The fourth part is to review and reflect on China’s food safety risks under the criminal law to protect social context, in the next academic improvement on the current social context of food safety risk protection advice to sort out the criminal law, standing "risk society theory" perspective rational reflection various proposals to provide a rational basis for food safety science to improve the protection of criminal law.