On The Criminal Law Regulation Of Food Safety Crime

Food safety crime is one of the most common types of crime in China at present.Because of its wide distribution and low cost of crime,it is closely related to the life and health of the people,so it has attracted people's attention in criminal justice.In view of this type of crime,the criminal law of our country stipulates the crime of producing and selling toxic and harmful food and the crime of producing and selling food which do not meet the food safety standards,which are related to the crime of food safety,and as early as 2002,the Supreme people's Court,The Supreme people's Procuratorate has promulgated the Supreme people's Court,and the Supreme people's Procuratorate forbids the use of feed and animal drinking water in illegal production,sale and use.Interpretation of several issues concerning the specific Application of laws in Criminal cases such as drugs.In 2009,the Food Safety Law was also formulated to further regulate illegal acts in the field of food safety,followed by 2013.The Supreme people's Court and the Supreme people's Procuratorate have issued the Supreme people's Court.Interpretation of the Supreme people's Procuratorate on several issues relating to the Application of laws in handling Criminal cases of Food Safety to further guide the crackdown on criminal acts in the field of food safety.2017,Supreme people's Court,The Ministry of Public Security has issued the provisions on the Standards for filing Criminal cases under the jurisdiction of Public Security organs(1)The third of the provisions on food safety crime shall be made corresponding to the provisions of the supplementary provisions of article 3 of the relevant provisions on the crime of food safety.Therefore,we can see that for the issue of food safety,the legal norms are quite rich and perfect.However,through the adoption of statistical analysis,this paper,in the legal instruments published by the national courts in 2014-2018 in the document net of the referees,respectively produces,sells toxic and harmful food and produces,The search for the total amount of legal instruments related to food safety crime,which is not in line with the crime of safety standards,is still a high-risk crime in the criminal justice practice of our country.In the statistical judgement,the production,sale of toxic,harmful food is more serious than the production and sale of food which is not in accordance with the safety standards.Therefore,this article is The crime of producing,selling toxic and harmful food also takes into account the crime of production and sales that do not meet the food safety standards.After removing some changing documents of penalty measures,50 judgments were selected as samples for analysis.It is found that there are some common problems in the criminal law of our country inregulating the crime of food safety,such as the sentencing standard needs to be refined,the punishment mode is lighter,and the application of occupational prohibition and prohibition order is low.The so-called sentencing standard needs to be refined,that is to say,the sentencing expression of food safety crime is relatively vague,not rigorous enough,and the possibility of drilling holes in the standard;in the aspect of fine penalty,it is measured by multiple,and the judge does it in reality.The law is contradictory.The punishment of light punishment refers to the fact that probation is often used to assist the main punishment for this kind of crime,which makes the overall punishment of this law lighter when it comes to cracking down on crime.There is also a statistical data found that occupational prohibitions and injunctions have low legal effect,which is different from the relevant provisions of criminal law.On how to perfect the regulation of this kind of crime in criminal law,through the research method of comparative law,it is found that the legislative model of criminal law adopted by Germany,Japan and the United States of America in civil law system is not the same.In contrast,the German model is more worthy of our absorption and reference,but we should also pay attention to whether it adapts to the national conditions of our country.Through the comprehensive induction of the judgment,on the basis of summing up,improve the range of sentencing and clear sentencing standards,based on the statistical results of the distribution of more sentences,for further refinement,And through the guidance cases promulgated by the Supreme people's Court to carry out the general Finally,the application situation is summarized in order to solve the problem of unknown sentencing range and standard,through restricting the application of free punishment,abolishing the free penalty for more than one year,in order to ensure the effect of implementation and increase the cost of crime.The application rate of these two penalties is further improved by including injunctions and occupational prohibitions in additional penalties.Through the adoption and concrete implementation of these suggestions,it is expected that the criminal law of our country will be more and more perfect in the supervision and restriction of food safety in the future.