| The "people-oriented" has become a consensus in today’s society, each individual’s rights should be valued and respected, its essence is the core of security. The coming of the risk society will undoubtedly increase the occurrence of various risks and uncertain security. So as close relationship with each individual "food", is extremely important to guarantee the safety, but conflicts with this is food safety accidents often of appear in news headlines, food security can not be guaranteed that serious violations of the people’s rights of life and health, causing social panic, cause the social public security problem, hindering the development of the state and society, has become a urgent problem of people’s livelihood. Although the country attaches great importance to respond in a timely manner, in the three aspects of the legislative, judicial and law enforcement strictly crack down on dealing with food safety issues, but food safety crimes in reality still have occurred, it reflects is criminal regulation of food safety is not perfect, the specific performance: criminal policies related to severe superabundant and less tighter, lack of interaction between the specific legal and; on the legal interests of food safety crime judgment there is a deviation from the; between the criminal law and the relevant food safety administrative law with the emergence of a fault, food safety French tight enough; specific penalty is too general.This paper is based on the regulation and prevention of food safety crime, consider food safety criminal policy under the background of risk society in specific criminal law application and effect, based on the "Leniency" of the basic requirements of criminal policy, actively carry out the law and law of criminal policy of the criminal policy, in order to play the greatest efficiency; clear food safety crime law against the main body, further strict food safety criminal law, strengthen cooperation and cohesion "food safety law", the criminal law in the "food" concept of generalized interpretation, increase the regulation of food additives and food related products safety, the correct understanding of "Incorporation of expansion" and "sales" and other words to explain the negligent act and omission, holding behavior to harm the food safety situation in criminal law, The reasonable application of positive adjustment of fines and confiscation of property, and regulation of food safety crime of multi-level and multi angle, in order to better prevention and control of food safety crime, to ensure food safety.This article will be mainly divided into four parts to elaborate. The first part describes the status quo of China’s food safety, analysis of food, food safety and China’s food safety crime concept and characteristics of; in the second part, through the comparative study of complete food safety legal system of countries such as the United States, Germany, Italy, Japan and other, Na and summarizing the characteristics and main ways of its legal regulation and hope for our country to further improve the food safety regulation of criminal "it mountain of stone jade" effect; the third part is the analysis of the status of China’s food safety crimes of criminal regulation and deficiency, mainly is refers to the criminal policy formulation and perfection of the criminal legislation and legal interpretation. Such as the understanding of "incorporation", "sales" word, lack of negligence crime, food safety, food recall not as behavior lead to food safety crime into the penalty, fine penalty, etc. are discussed; the fourth part on the basis of the above analysis, from the legalization of criminal policy, criminal justice tight, and food safety related administrative law with other aspects of the proposed the relevant improvement measures. |
