Probe Into Malfeasance In Food Supervision

In recent years,China's food safety field accidents are high and frequent.One of the important reasons for the high and frequent occurrence of food safety accidents is that food supervisors don't perform their duties seriously and don't perform their duties properly.?Criminal law amendment(eight)?set up food in the criminal law regulation of malpractice,but it set up,reflect on the food regulation of malpractice legislation is not perfect.The regulation of malfeasance in food supervision by criminal law is subject to the influence of a country on the historical evolution of food supervision system and the level of economic development.This paper,from the perspective of the reform of our country's food regulatory system,clear China's criminal law regulation of food supervision main body,content and so on,and the food regulatory malfeasance crime in the criminal legislation in our country and foreign food regulatory malfeasance crime in the criminal legislation on the basis of the comparison,to fully grasp the main countries in the world today the content of the criminal law regulation for food regulatory misconduct;Secondly,the paper analyzes the elements of malfeasance in food supervision in China,and clarifies the composition of malfeasance in food supervision according to the theories of crime composition,culpability and punishment and supervision negligence.Thirdly,the defects of the food supervision malfeasance in the legislative system,the subject of crime and the types of punishment are found out.Finally,some Suggestions are put forward to perfect the crime of malfeasance in food supervision.The first is to amend the legislative system of food supervision malfeasance in the criminal law to maintain the integrity and type of the criminal law;Second,the subject of malfeasance in food supervision should be further clarified.State functionaries should be changed into public servants.Crimes committed by enterprises and institutions should be included in the scope of malfeasance in food supervision.The third is to improve the penalty system,increase penalty types such as fine and confiscation of property,in order to improve the crime.