Reserch On The Convergence Of Food Security Between Administrative Law Enforcement Evidence And Judical Evidence

The security of food is one of the most important duties that every modern government must fulfill.In terms of food safety, China has formed a framework that containing administrative responsibility and criminal responsibility. According to the harm level of the illegal behavior from low to high, the criminal is forced to undertake administrative responsibility and criminal responsibility respectively.Along with continues refining of labor division,violation activities of food safety is becoming more subtle. Therefore the number of food safety violation crime discovered by food and drug administrative would raise. Although these years, we have made great achievement in fighting against food safety violation crime, it should noted that, more tough tasks are awaiting us. Now, enforcement and criminal justice cohesion mechanism of food safety is still weak,especially the cohesion mechanism of evidence still exists many deficiencies. This chapter will discusses following these ideas:First of all, starting with the concept of administrative law enforcement evidence and criminal evidence. And compare their difference in the object, collector, content, collection process and standard of proof.Secondly, based on the concept of administrative crime traceability, determine the food safety crime belongs to administrative crime. Base on the distinctions between crimes related to food safety, determine the constitution of crime. Then, analysis the characteristics of food safety violation crime. Finally put forward that criminal evidence have in common with administrative law enforcement evidence.Thirdly, combing the current status of food safety legislation execution evidence of cohesion mechanism,put forward the current shortage in cohesion mechanism, like Inspection, evidence collection, insufficient competence of law enforcement and imperfect legislation.Finally, on the basis of the previous discussion, puts forward suggestions to China’s food safety execution convergence.