Legislative Study On Food Regulatory Malfeasance Crime

As technology evolves,more and more technological factors has been used in food industry,the contribution of science and technology is obvious to us. However not all of them are used in the right way,as a result there are more and more safety incident come out.Food processors and producers of the moral landslide is only one aspect, the other is derelicted of duty of the food regulatory staff,They are the last line of defense of the food security,the jobbery of the staff expanded the scope of the food safety accident.In order to prevent food safety accidents, We should not only take measures of food producers and processors,but also clear dereliction of duty in legislation on the supervision of food department staff,Therefore,the"criminal law amendment (eight)" in the crime of malfeasance in food regulation emerge as the times require.but also need to improve. In this paper, the content are mainly including four chapters.Chapter one is contents introduction. Analyzing the research background, research purpose and,research significance,research status at home and abroad.Chapter two is the theory introduction of the crime of malfeasance in food regulation. In this part,we mainly discuss four questions:the first is to clear the evolution of food regulation of malpractice,mainly including the process evolution of food regulation of malpractice.The second is the meaning of regulation and malfeasance.Concept is the so-called stated in advance,clearly defined concept is the premise we study a particular issue. So to clear the this question is the foundation of the paper.The third is the classification of food regulation of malpractice According to the different standards of food supervision it can be divided into different types.Through the analysis of the relationship between of food regulation of malpractice and indulgence and selling shoddy goods crime, bribery crime and abuse of power,dereliction of duty,it can enable us have a more clear understanding in food supervision dereliction of duty.Chapter three is the main problem in food regulation of malpractice.This chapter mainly includes four parts:one is the subject and defects of food regulation of malpractice;the second is the subjective aspects and defects of food regulation of the malpractice; the third is the object and defects of food regulation of the malpractice. Thispart is the main part, because only analysis can be better solve the problem. Through the analysis of the problem, we can find the shortage of the food supervision dereliction crime in our criminal law,so as to provide some theoretical support for how to improve the crime of food supervision malfeasance.Chapter four is the perfection of the crime of food supervision dereliction of malfeasance.This is the core part of the paper,through the analysis of the existing problems of the food supervision malfeasance,try to put forward some corresponding measures in improving these problems. one is the improvement of food supervision malfeasance crime,including representations of the subject of crime,the scope of the subject and the responsibilities of the main improvement; the second is the perfection of the subjective aspects of crime of malfeasance in food regulation, including the subjective aspects of the definition, and the joint negligence crime and concurrence of negligence crime and responsibility of simple analysis;the third is the perfection of the criminal object of the crime of malfeasance in food regulation;the forth is to food supervision dereliction of duty crime in the view of perfect. It mainly including crime result and the addition of dangerous crime.The fifth is the perfection of the crime setting; the last one is the perfection of the legal punishment. Additional qualification penalty, property penalty, increase the punishment types, while reducing the filing standards.