Research On Crime Of Harming Food Safety Legal Application Problem

Striclty fighting illegal crime of harming food safety has been expected and in favor with the general public. Food refers to different finished products and raw materials for eating and drinking of people as well as the goods belonging to both food and drug accoridng to the orthodox practice, excluding the goods for the purpose of treatment. Food safety means a kind of security for the risk when the consumers making and eating the food in accordance with its original definition. Food safety crime means the crime organizations or individuals having food safety obligations during production and operation of food as well as the national staff having food safety inspection and quarantine responsibilities during food safety supervision constitute offending the special provisions of criminal law, which is a general terms for the crime names in the special provisions of criminal law with food as the specific crime object. Amendment to Criminal Law VIII amends the crime of production and selling foods failing to meet safety standards, crime of production and selling poisonous and harmful food and other crimes, and adds food safety supevision delinquency, which makes up for some defects in food safety management to some extent, but there are still legislative defects such as too narrow subject scope, vague crime facts description, inconsistent standards for administrative penalty and fine, as well as loss of criminal penalty of qualification, and practice defects such as inconsistant understanding and application of laws, non-uniform inspection and appraisal standards, too high standards of food supervision dereliction of duty crime prosecution as well as undefined evidence standards.So the writter suggests that improvement should be made in terms of crims facts, penalty, crime scope, conviction standards and evidence standards of food safety crime, and close cooperation between the judicial office, administrative organization for law enforcement shall be strengthened, and three -dimensional criminal law grid preventing the crime of harming food safety should be established.