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The Connection Of Administrative Law And Criminal Law On Food Safety In China

Posted on:2019-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2416330545959039Subject:Law
Abstract/Summary:PDF Full Text Request
In the present,China has developed a lot and the rapid development also brings about many problems.For example,the substandardmilkpowder,illegal cooking oil and the fake beef and so on.The government has took many steps to change the food safety law and other relevant laws to combat food safety crime.And they also want to make the people regain confidence in food safety.In addition the government promulgated the most strict food safety law in the history in 2015.It is good news that we can see the strong determination of government that protecting food safety but it seemed not have the enough effect.Because after the hard strike of food safety,the same problem will be back again.It really makes the people worried a lot.1 wonder that why it has become such a circumstance and the reason is complicated but the most fundamental reason is that the administrative law and criminal law do not have a good relationship on food safety,so this article focuses on the relationship between administrative law and criminal law on food safety in order to make a good result solving the problem in China food safety.The thesis has been divided into four parts apart from the introduction and conclusion:The first part is an overview.Firstly it provides an introduction about the connotation that what is the relationship between administrative law and criminal law on food safety field.The connotation mainly includes two aspects of content,on the one hand,it refers to the connection on theory.On the other hand,it mainly refers to the connection between the two laws in judicial practice.Then it introduced the necessity of the connection between administrative law and criminal law in the field of food safety.The second part is the current situation of the connection between administrative law and criminal law in the field of food safety in China---the connection is absent now.And the problem is made up with two aspects.One is the lack of the legal provisions and the other is the lack of the juridical practice.The former explained the problem from legal subject?subjective consciousness and the legal liability.The latter described the problem from the fewer case unclear standard?the exchange of evidence and the information exchange platform.The third part is the foreign law regulation of food safety.Because in terms of the relationship between administrative law and criminal law,most of foreign countries usually solve the problem through administrative criminal law.But the administrative criminal law is not suitable to our country but the law steps of foreign countries indeed made a great progress on food safety regulation.So in this article we just learn the foreign law regulation of food safety in order to give us a hint to solve our country own problem.The fourth part is the suggestions of improving administrative law and criminal law on food safety.It is mainly discussed from two aspects:the lack of the legal provisions and the other is the lack of the juridical practice.The fourth part is the suggestion of the measures,and the direction of the problem is mainly based on the question of the missing link of the second part,which has one-to-one correspondence.
Keywords/Search Tags:food safety, administrative law and criminal law, extraterritorial legal regulation
PDF Full Text Request
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