Research On The Linkage Mechanism Between The Two Laws In The Field Of Food Safety In China

"The country is people-oriented,the people take food as the heaven and food safety as the first".Food safety is related to people's livelihood and social harmony and stability.To strengthen the supervision and guarantee of food safety and effectively curb food-related crimes,we should not only rely on administrative penalties,but also rely on criminal sanctions.To this end,it is particularly important to establish a smooth and close administrative cohesion system for combating food crimes.Chinese style This paper is divided into four parts.The first part introduces the related concepts,characteristics and research necessity of "cohesion of execution",which lays a theoretical foundation for the article.The second part integrates the current situation and existing problems of the legislation of food safety execution cohesion in China.In the current legislation part,the author mainly sorted out the existing laws and regulations on the connection of food safety execution in China,including administrative laws and regulations,criminal laws and regulations,and related laws and regulations on the connection of execution.Legislative problems can be divided into substantive and procedural problems.The substantive problems mainly include:the connection and division between "administrative illegal" and"crime",the concrete connection between administrative punishment and criminal punishment,including the inconsistency of the specific application of fines and fine penalties,the lack of rationality of food safety "life-long prohibition" qualification penalty and the lack of qualifications penalty.The main procedural aspects are:administrative violations and criminal offences identified subject and transfer criteria.There are still some problems in legislation,such as:more legislative subjects,fragmentation of content,low legal rank of relevant normative documents,etc.The author will focus on the demarcation between administrative illegal acts and crimes.The third part points out the problems existing in the cohesion of food safety execution in China,including "no moving of cases","substituting punishment for punishment by punishment","information of various departments is blocked" and lack of reflux mechanism of food safety cases.The fourth part,on the basis of the above analysis of the problems existing in legislation and law enforcement,puts forward suggestions on the construction of the link mechanism of execution in the field of food.At the legislative level,the main ways to improve are:linking up the legislative content under the theory of quality difference,perfecting the linking of administrative punishment and criminal punishment,refining the transfer standard of cases,clarifying the main body of identification of administrative violations and crimes,and improving the legal rank of the linking mechanism of execution.The perfection of law enforcement in the connection of food safety execution includes the establishment of accountability system for non-transfer cases,the improvement of information sharing platform,the improvement of food safety administrative illegal record system,and the improvement of case return process.