| Although the food regulation of malpractice has been established in 2011,did not achieve the expectations in judicial practice,therefore,there are still many food safety accidents,and not many people are charged by the Procuratorial organ under this crime.The cases done by the Procuratorial organ are limited to the crime of dereliction of duty and the crime of abuse of authority.Moreover,the current research on the theory of crime of malpractice in food regulation is lack of practice.This paper makes analysis of legislative background,harm,crime constitution,and application status using the research method of combination of theoretical analysis and empirical analysis on the basis of law and judicial cases.Basing on the analysis of food regulation of malpractice,the author makes a deep analysis of the legislative purpose,finds the deficiencies in the application,and lists the countermeasures,in the hope that it can offer help to the Procuratorial organ in the anti malpractice cases. |