On The Food Regulatory Malfeasance

Food safety is directly related to the health and quality of life for everyone,food poisoning frequently causes food regulatory issues be questioned,the national food safety control issues comes to the fore.As a result,Food regulatory Malfeasance had been added to "Criminal Law Amendment(eight)" in 2011 in order to rectify the related responsible group who is in charge of the food regulation.The establishment of this crime for the food regulatory authorities to punish fraud and food adulteration provide a basis.In this paper,legislative and judicial issues food regulatory malfeasance in office as a starting point,the depth of the theoretical and practical problems of crime,and to make constructive suggestions for the improvement of legislation related issues.In the paper,start with the first and the second chapter,at first,from the legislative background and practical significance to start,the reason for the crime to be introduced generally established,in order to obtain their preliminary understanding.Then,analysis constituent elements of the main objective of the square there are many controversial elements "to implement behavior" in the "abuse" and "negligence" of the understanding identified level,explains the author's view that "abuse of power"should There are two types:one is "not entitled unauthorized";the other is "the right to abuse";the "negligence" aspects of the crime,and also includes acts and omissions in two ways.The first is a "non-performance on their own," the second is "incorrect or do not conscientiously perform their own." Currently Scholars' abuse of type "food regulatory malfeasance in office subjective understanding holds a total of five different views,I think that by analyzing the" fault theory "point of view is more reasonable.In the third chapter,the paper analyzes the crime recognized boundaries,the boundaries of the crime or separately.This crime and offenses related to the boundaries of analysis,in order to further define the boundaries of the identified crimes.Finally,in the fourth chapter analyzes the legislation,since the introduction of the crime led to a rush of guilt of the offense described in the lack of specific,detailed judicial interpretation,so that the crime was limited to incriminate the threshold is too high;and because of the punishment to the crime set over a single,low legal punishment,leading to constraints in combating this crime-related offenses can not play its due effect.Subsequent recommendations to improve aspects of the crime legislation defect,the paper considers that the provisions of criminal law relating to food regulatory malfeasance crime legislation should be "Food Safety Law" to achieve docking,property punishment should be increased to reduce the threshold to incriminate refine standard three-filing further aspects of a reasonable set of sentences and the charges were clearly harmful results criteria.