Research On Cognizance Of Malfeasance Crime Of Food Supervision

One of the main reasons for the high incidence of food safety accidents is the misconduct of food supervision.The purpose of setting up food misconduct is to maintain the stability of the state's food safety supervision.There are still some loopholes and flaws in the legal and judicial practice of food misconduct dereliction of duty,affecting the specific application of the crime.This article clarifies the status of the identification of the crime of misconduct in food supervision,and points out the dilemma of this crime in judicial determination.First of all,the subject of the crime is not clear,the scope of the subject of the crime is too narrow,and it is not conducive to the fight against food safety crimes.Second,the form of sin is chaotic.The academic community has a greater controversy over the form of the guilt of this sin.This essay sorts out several mainstream views and puts forward its own views.Finally,the incrimination standards are not uniform,making it more difficult to convict.In response to the above issues,the author puts forward several suggestions for improvement.First of all,it is clear that the crime is the subject of the crime,clearly defines the scope of the state authorities and national staff of food regulatory duties,and should include the food safety supervisors of large state-owned enterprises and educational institutions in the scope of adjustment of the crime.Secondly,to clarify the sinful form of this crime,the writer believes that negligence should be the only crime form of this crime,and on this basis,introduce the theory of supervisory negligence.Finally,to unify the criteria for incriminating crimes,in the absence of a judicial interpretation,they should make reasonable suggestions and try to quantify the "major food safety accidents" and "other serious consequences" of the criminal consequences of this crime.