On The Criminal Law Regulations Of Food Safety Crime In China

In recent years, frequent food safety accidents, such as "melamine", "red duck’s egg", "poison steamed buns", "clenbuterol" and "fuk meat", exposed serious food security risks and caused great concern of the public, domestic and foreign media, government. Food security is the foundation of the public’s survival and development, and it relates to every citizen’s health and safety, social stability and harmony, even the image of China as a strong country. Food safety has become an important symbol to measure the life quality of the citizens, reflecting the level and effectiveness of the national rules and laws construction and social management. Under the background of harmonious society construction, food safety also tests Chinese law system construction. The worrying food safety status also puts off the progress and improvement of Chinese food safety supervision system. In 2009, the new "Food Safety Law"(amended on April 24, 2015)came in to force at the right moment. Then Food Safety Supervision and Management Measures of Food and Beverage Service" and other regulations came into force one by one. In 2011, "Criminal Law Amendment(Eight)"was revised related to the food safety crime, to put the criminal law into better use and promote people’s livelihood. However, the collision of increasing food safety crime and criminal judicial practice shows that it needs to be further improved in the content of food safety control and the cohesion with "food safety law" and cooperation with society and other aspects.This paper is divided into four parts:The first part is an overview of food safety. "Food" affects our understanding of food safety crime, therefore, this part introduces the concept of "food", and gives several layers meaning of food safety through summary and analysis. In this paper, food security mainly refers to the food sanitation, non-poisonousness and nutrition; then I introduces the food safety crimes in broad sense and narrow sense; then I summarized the main offence under the current criminal law system, including primary crime and related crimes; finally I make the reasonableness analysis of criminal regulation to food safety crime from the angle of necessity to deal with the risky society, the utilitarianism and instrumentalism of criminal law and severity of criminal law.The second part, I summarizes the characteristics of Chinese food safety crime according to the relevant media reports and judicial cases at first: the subject is more complex, the unit crime is increasing; illegal behavior is becoming more "advanced with the times", stronger in profession and organization; the consequences are becoming worse due to the commercial development and extensive involvement. Finally, I analyzed some reasons from the lack of integrity of the market, non-effectiveness of administrative supervision from subjective and objective reasons, the imperfect legal system and low criminal cost, which are all caused by the innate defects of market economy.The third part, I make a specific analysis and point some shortages of our criminal law from the non-scientific food safety criminal law system, the non-comprehensive of adjustment range and the lack of punishment in the qualifications punishment and fine punishment, which lays firm groundwork for the later discussion and suggestions.The fourth part, I put forward some specific proposals in response to the inadequacies listed in the third part, combining with the need of food safety regulation and criminal law practice and adapting to the inevitable trend of increasing protection to the rights of life and health through theoretical analysis.