Study On The Relationship Between Food Safety Administrative Law Enforcement And Criminal Justice

Frequent food safety incidents ring the alarm of the connection between administrative law enforcement and criminal justice in food field.Since China Food and Drug Administration was established,the convergence of the two laws problems of food safety in China is not as expected to have a substantial improvement,from the layers of analysis of the local food regulatory departments and relevant court official data,China's current food safety laws convergence is still in a bad situation.The overall data show that the overall "transfer rate generally sluggish,which includes food supervision departments to the public security organs of the case to the efficiency is low,the reverse connection" transfer rate "hard to find,with some achievements but convergence linkage mechanism play a limited role;in addition,the transfer rate downturn has led to cases of food safety criminal punishment is weak the number of cases,compared to the food safety administrative punishment,punishment object diversity,punished behavior variety,punishment means,food safety criminal punishment shows fewer punished behavior,some limitations,and in the administrative punishment and the criminal punishment results is obviously lopsided,whether it is transferred to the rate of the downturn the execution of punishment or obvious disorder are warning serious food safety problems and the convergence of the two laws to solve urgently.In the face of food safety execution convergence dilemma,administrative regulations and normative documents,the substantive law and the provisions of the fundamental attempt from the issue of the convergence mechanism of food safety analysis to the execution of convergence of the subjective and objective reasons from the aspects of entity and procedure.The aspect of substantive law,<the People's Republic of China food safety law>(hereinafter referred to as the <food safety law>)and<People's Republic of China criminal law >(hereinafter referred to as the<criminal law >and<the Supreme People's court and the Supreme People's Procuratorate on the handling of some issues of applicable law in criminal cases endanger food security explanation >(hereinafter referred to as the13 years<judicial interpretation>),"Regulations on food safety administrative illegal and criminal illegal behavior subject,subjective,object,objective aspects of the existence of a range of subjects respectively,criteria for the classification of different objects,subjective aspects of" negligence "status is not consistent,the object of protection of law order is an objective it is in the" food ","food additives and food related products,edible agricultural products "on the four row A lot of cohesion and result of poor cohesion;program level,2015 <food and drug administrative law enforcement and criminal justice measures>(hereinafter referred to as the 15 years< measures >)and before the execution interface specification takes time as the context for comparative analysis,found that food safety standard convergence of low level,the number of existing the execution of convergence,the food regulatory functions is unclear,the people's Procuratorate supervision difficult to safeguard and reverse convergence mechanism of regulation is not perfect,"criminal priority" is not completely break the problem.Substantive law and the convergence mechanism of these problems is the root cause of the difficulty of food safety execution convergence,must be traced back to solve these problems.Food safety execution must grasp both hands.Numerous and jumbled administrative legislation need to amendment and abolish in the center of <food safety law>,the <food safety law> also need further reflection,new concepts related to interpretation,perfect the relevant provisions,to explore the legislative mode offollow-up;backward criminal legislation is needed to catch up again.From the angle of section adjustment,reconstruction,expand the scope of supervision charges,increase penalties,standard change etc..Convergence mechanism is a high order to look far ahead from a high plane of uniform legislation,and reform the original convergence mechanism of limitations,pay attention to the reverse link mechanism design,broaden the procuratorate to supervise,perfect the right food regulatory authorities for the first time,on the exercise of the right to judge,and the need to break the constraint of "criminal priority" to fundamentally.At this point of view of the substantive law and the convergence of the convergence of the mechanism,food safety execution convergence can eradicate chronic illness.