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On The Criminal Law System That Endangers Food Safety Behavior

Posted on:2017-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LiuFull Text:PDF
GTID:2356330512463344Subject:Law
Abstract/Summary:PDF Full Text Request
China is facing critical food safety problems, the food safety accidents occur frequently, the following illegality and potential hazards are prevalent, food safety crimes are rampant, not only severely endanger the public health, but also seriously disrupted the socialist market economic order, threatening public safety. The developed countries have a long history of food safety supervision system, and the regulatory legal system is relatively completed. In practice, many successful experiences have been accumulated in the prevention and control of food safety risks. We should learn and use the advanced food safety risk prevention and control experience on the domestic lagging behind the transformation of the status of food safety regulation.As an effective tool to deal with the risk society, criminal law should play an important role in the prevention and control of food risks, the protection of food safety and the maintenance of public health.This article mainly consists of four parts, the first part, the food safety supervision system and the regulation of criminal law outline, mainly elaborates the food safety criminal law regulation theory foundation, through the food safety supervision system and the criminal law regulation related concept, characteristic analysis, The Relationship between Safety Supervision System and Criminal Law Regulation. Our food safety regulation is in a state of failure, the root cause of the spread of food safety problems lies in the backward management level, the lack of legislative risk control, administrative law, criminal law intervention lag. Our food safety criminal law should be the implementation of dynamic regulation of the whole, from the regulatory system into information regulation. The second Dart is the analvsis of the present situation of our food safety criminal law regulation, from the perspective of the specific criminal law norms and the internal relationship between the relevant criminal law regulation and food safety supervision, from the point of view of the crime constitution of food safety criminal law normative elaboration of our food safety criminalization Criminal legislation and related laws under the premise of the conduct, from the classification of guilty, subjective guilt, objective guilt, accusation of adaptability analysis concluded that food safety regulationsWe should carry out risk regulation, multiple criminal responsibility sharing, to achieve the unity of public policy and the basic principles of criminal responsibility, the pursuit of food safety regulation effectiveness and purpose. The third part compares the content of foreign legislation, analyzes the main causes of the failure of domestic food safety regulation and the direction of regulation of food safety criminal law. Food safety legal system needs to be further improved, the effectiveness of food safety laws and regulations need to continue to strengthen. The criminal law regulation of food safety should put the focus of regulation on food safety regulation caused by subjective and objective reasons, the main and objective transformation of food safety criminal law, the difficulty of food safety regulation due to technical reasons, it is the focus of criminal law regulation of food safety to shift from the protection of personal rights of consumers to the regulation of information regulation, which is the direction of future legislation of food safety. In the fourth part, the perfection of regulation of food safety criminal law in our country, combined with domestic and international experience of criminal law regulation of food safety, analysis of existing crimes, liability sharing, public policy and criminal responsibility unified principle, food safety supervision system, safety Supervision The improvement of criminal law regulation, including food safety risk monitoring, information release, supply system legislation, improve. The fifth part elaborates the criminal law of food safety in the food safety system of our country according to the situation of our country and the investigation and positivism so as to face the severe food safety situation, fully consummate, utilize and exert the function of criminal law, Strengthen the food safety of this pollution crime criminal law regulation.
Keywords/Search Tags:food safety, criminal law regulation, multiple sharing responsibility
PDF Full Text Request
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