The Theory Of The Unpremeditated Crime Of Food Safety Crime

Food safety is not only a huge project related to the national economy and people’s livelihood,but also a complex project from ‘farm to table’.In recent years,the frequent occurrence of significant food safety accidents in China has seriously jeopardized the health and safety of consumers.In these accidents,there are many examples of serious social harmfulness and public health hazards caused by unpremeditated crime.But,food safety that directly related to in China’s current criminal legislation mainly includes the crimes of producing and selling toxic and harmful food,producing and selling the food that does not comply with the safety standards and misconduct in office on food safety supervision,which can be found at present.Although it basically covers from each link of production,sales and supervision,however,the unpremeditated behavior of food production,distribution and other link does not provide for independent crime.In terms of serious social harmfulness of unpremeditated behavior of food safety,or from the theory of criminal law,or from the convergence of relevant law,there are doubts: from social harmfulness perspective,the harmfulness that the unpremeditated behavior of food safety brings to the society and the public no less intentional behavior;from the point of view of criminal law theory,the new ultra new negligence theory of unpremeditated crime can provide a theoretical support,as one of the types of offenses of public hazards,the behavior of carrying out food safety by unpremeditated should also be included in the scope of criminal law regulation,this is the inevitable requirement that offenses of public hazards should be strengthened the intervention of criminal law.From the point of view of legal cohesion,the Constitution stipulates the basic rights and obligations of citizens,as the food and beverage employees concerned with the physical and mental health of the people,they must fulfill the obligation to provide safe food,and unpremeditated behavior of producing and selling toxic and harmful or producing and selling the food that does not comply with the safety standards,which violates the basic obligation of honesty and credibility,should be punished by law,at the same time,the‘food safety law’made provisions and clear treatment measures on illegal activities our country’s food safety,but in this law,unpremeditated behavior on food safety also belongs to the illegal category,in order to regulate it which is extremely harmful to the society,to realize the connection of relevant laws,it is necessary to set up the relevant provisions of unpremeditated crime on food safety in the criminal law,so as to distinguish the different degrees of socialharmfulness of different acts,and make a distinction between them.This paper is divided into five parts.First of all,on the whole of the article’s research background,status,significance,writing ideas and innovations to grasp,and further clarify the overall structure of the article and writing direction.Secondly,it mainly expounds the current situation and shortcomings of the legislation of unpremeditated crime on food safety.On the basis of the relevant provisions of the current criminal law,from the direct and indirect charges of two levels,sorting out our country’s offenses of unpremeditated crime on food safety.Thirdly,the feasibility and necessity of the establishment of unpremeditated crime on food safety are demonstrated from the three aspects of the theoretical basis,the factual basis and the legal basis of the unpremeditated crime on food safety.The theoretical basis includes the new ultra new negligence theory of unpremeditated crime,rank theory of culpability,establishment theory of accusation of offenses of public hazards;On the basis of facts,from the serious social harmfulness of the unpremeditated crime on food safety,indirect crime that is difficult to effectively regulate unpremeditated crime on food safety and the requirement of strengthening international collaborative governance on food safety crime,which has the three points discussed;On the basis of law,the necessity and feasibility of the establishment of unpremeditated crime on food safety are demonstrated from the Constitution,food safety law and other national legislation.Then,the legislative provisions of foreign unpremeditated crime on food safety are summarized and evaluated.Begin with the provisions of unpremeditated crime on food safety in three countries or regions of Germany,Europe and Taiwan,this article contrasts with the current legislative provisions of our country in order to perfect the legal protection system of food safety in our country.Finally,to explore the establishment of our country’s unpremeditated crime on food safety.The crime of producing and selling food products that do not meet the safety standards and the crime of producing and selling poisonous and harmful food in our criminal law,On the basis of two food safety crimes,we set up our country’s unpremeditated crime on food safety,including the crime of neglectfully producing,selling food products that do not conform to safety standards,and the crime of neglectfully producing and selling poisonous and harmful food,it clarifies the accusation setting,the penalty setting and its basis,and combines the qualification punishment to further perfect the punishment way of the unpremeditated crime on food safety.