The Judicial Application Of Theory Of Food Regulation Of Malpractice

The main causes of food safety accidents,and it is also urgent to solve the problem by taking effective means.In 2011,"criminal law amendment(eight)" will be the food from the general regulation of malpractice of malpractice of precipitation,to separate it into sin,and embodies the country to the food regulation malfeasance crime seriously,highlights the state of governance to the frequent food safety problems at the present stage in China.However,the implementation of the food regulation of malpractice so far as a new crime,the judicial application,whether understand the law,or the judicial practice,there are some loopholes and myth.These loopholes and misunderstandings affect the specific application of this crime.This paper analyzes the judicial application of food supervision and malpractice,and finds out the specific difficulties that hinder the application of this crime.This paper is divided into fourth chapters.The first chapter is an overview of food supervision and analysis of the components of food supervision and reading.First part introducing the concept of food,food supervision,food supervision and malfeasance,and food supervision and malfeasance.Second part,firstly analysis of the crime object of this crime is the complex object,namely,the crime object of this crime is the state's normal supervision and management activities in the food safety field and the normal management order of the food market.Secondly analyses the objective aspect of this crime,including the crime behaviors are divided into abuse behavior and dereliction of duty behavior,the crime crime results as "major food safety accidents" and "other serious consequences" and the causal relationship between criminal behavior and harmful results.To analyze the subjective aspects of this crime,including the subjective crime of this crime,the academic community has a great dispute about the subjective crime of this crime,and it has the negligence,the intentional and the fault and is said.In this paper,it is believed that the subjective and criminal form of abusing the power of official food supervision and malpractice is intentional,and negligence of negligence of duty food supervision and negligence.The second Chapter analysis of the difficult problem for the judicial practice.Firstly,this paper introduces the difficulties in the judicial practice of the objective aspect of the crime,including the identification of the way of behavior,the identification of the harm result,and the identification of causality.Secondly,it analyzes the identification difficulty of the subject of the crime.The third Chapter analyzes the relationship between the crime and other related crimes.First,analyze the competition of this crime and other related crimes.Secondly,analyze the performance of this crime and other related crimes.The fourth chapter provides perfect advice for this crime.The author believes that the entry threshold of this crime is higher,and the requirement must be made to obtain the conviction quantity in the event of the result of the harm,so that the pedestrian who has not caused the harm result in practice will not be punished by the criminal law.Therefore,in order to normal food regulators for deterrent effect,it is necessary to amend the crime to harm,as long as enough to cause food regulators of malfeasance crime the possibility of harm results,can into sin.Next,want to amend the crime to dangerous crimes,the legal punishment of this crime should be modified,according to the different plot,harmful consequences set different legal punishment,the author of the original second legal punishment,is set to 3.Finally,the crime punishment punishment can only freedom penalty,lack of qualification penalty and property punishment sanctions against food supervisors crimes,so the author thinks that should increase the qualification penalty and property punishment,through the increase of the punishments,formation of all aspects of food regulators deterrent effect...