Research On The Convergence Mechanism Of Administrative Law Enforcement And Criminal Justice About The Food And Medicine Safety

"People are the source of national strength, food is the paramount necessity of people and food safety is the top priority". However, The illegal criminal activities in Food and medicine safety,like melamine milk, clenbuterol, gutter oil, are widely practiced despite repeated prohibition. Food and medicine safety are grim so far. Since the cases are not transferred in supervision department and not placed in public security organization. The supervision is passive and negative in procuratorial organ. The transfer standard of law enforcement cases is ambiguous. Hence, the chaotic phenomena are common. For instance, "replace punishment with fines", "impunity", "case are not transferred", "judicial determination expand" which attracted extensive attention of theoretical and practical circles. Since 2001, the central and local authorities issued separately and jointly a series of normative documents which stipulated working principle and procedure design of two laws. The effect was barely satisfactory. Therefore, the related laws in food and medicine should be refined in legislation. The administrative laws and regulations should be integrated in food and medicine safety, which provide unified basis and norm for law enforcement. With the aid of successful experience in USA and experimental unit in some areas in China, the institution setting of supervision department in food and medicine safety should be reformed. We should guarantee the operation on the aspect of organization, personnel, technology and fund, intensify external supervision of procuratorial organ and build harmonious procedure function. We should promote law enforcement joint forces and focus on joint of range of application and penalty between illegal activities and criminal behavior. Only combine entity and procedure, can we achieve effective connection between administrative law enforcement and criminal justice. We should give full play to laws so as to deter criminal offender, maintain food and medicine safety and safeguard human health and life safety.