A Study On The Regulation Of Criminal Law Of Chinese Food Safety

Food safety issue has always been a major concern of the common people and would have a direct impact on the living standard of each individual. To deal with the rising various problems of food safety issues, Criminal Law conducted a number of regulations, but the criminal regulation systems for food safety crimes are not fully formed at present, and there are still some problems to be perfect. In this paper, I conducted in-depth analysis of criminal regulation systems for food safety crimes and put forward my own proposals, hoping to make some contribution to solve the problem of food security.Therefore, this article tries using the risk society theory as an entry point to analyse the current situation of the enactment of criminal law in our country to try to find some imperfection among them and also make some theoretical constructs to the problems, for making the food security laws and regulations of our country more and more complete to protect the food security of the people.This article mainly explains and discusses the food security laws and regulations from 4 parts as follows. Part 1, using the risk society theory as an entry point expounds the risk society theory and the basic problems of the food security. This part introduces the advent and development of the risk society theory and makes a critical analysis to the risk crime law which is derived from the theory as the background. Then this part will expound the related concept of food, food security and food security crime. At last this part will discuss under the background of risk society the reason that the criminal laws intervene the food security crime—the principle of last resort, and discuss the concept and theoretical source of this principle.The second part mainly introduces the legal regulation of the food security situation in our country now from two sides. One is the legislative progression, arranges the Criminal Laws of 79, the Criminal Laws of 97 and the Criminal Law Amendments Ⅷ. The other is to do some research of some questions at issue in food security crime area, mainly is to the qualitative ascription of the food security crime, subjective aspect of crime, standard of behavior, legislative mode, the splice to the Food Safety and the Law and the problem of penalty setting.The third part is to arrange and evaluate and analyse the related laws and regulations of some foreign country of the two main jurisprudences, try to combine with the realization of our country, borrow ideas from the outstanding parts.The forth part, combining with large number of literature cites and practice, the author has some assumption to our country’s legal regulation of food security crime. First of all is to remain committed to criminal laws to intervene to protect food security which is the principle of last resort, and give some concrete proposal to the conviction and measurement of penalty. The second is the proposal to complete the existent legislative mode, actualize the subsidiary criminal law mode. The third is to point against the situation that the subjective requirements slightly narrower, suggest to increase the provisions of negligent crime. The forth is adjust the food safety criminal penalty provisions from the property punishment and qualification punishment.