Analysis And Perfection On The Legislation Of Food Crime In China

As a problem closely related to people's life,food safety have been widely concerned by the society and the people.After the outbreak of the “Sanlu Milk Powder” case in2008,the food safety issues have been heatedly discussed.The outbreak of the "Sanlu Milk Powder" case is a torture of the Chinese food market and a milestone in China's food safety legislation.After 2008,legislation in the field of food safety has made great progress.Not only the new Food Safety Law was introduced to replace the original Food Hygiene Law,but also the new crime,Food Supervision Misconduct,was added to regulate the government officer who had responsibility for food supervision but with nonperformance.Nowadays,it is ten years since the outbreak of the “Sanlu milk powder” case.In the past ten years,the government has paid more and more attention to food safety,and the supervision of food safety has become more and more strict.Overall,it has achieved a large number of good results.However,while the legislation has been continuously revised,many issues are exposed in the current food crime legislation.As the last defense to ensure food safety,the existing criminal law directly affects the supervision and court judgments of food crimes.This paper will take the crime legislation of food crime as the main research object,and analyze the issues existing in the legislation of food crime from 3 aspects: the name and the location of the food crime,the description of the food crime,the legal punishment of food crime.The advanced system regulation in the United States food legislation will also be compared for reference and suggesting probably solutions to the issues existed in the Chinese food crime legislation.Hope it can be beneficial to resolve and improve the food crime legislation in China.This structure of this article is as follow: introduction,body and conclusion.The body part is divided into three parts,which are the second chapter: the analysis of the crime name and location of food crimes,the third chapter,the analysis of the descriptions of food crimes,and the fourth chapter,the analysis of the legal punishment of food crimes.The second chapter mainly analyzes what food crimes are missing in the legislation,and whether the food crimes are positioned correctly in the crime legislative system.The analysis includes the following three questions: First,the existing position of food crimes are unreasonable;secondly,no specific provision to regulate the conduct that smuggling unsafe food in Chinese criminal law;third,no specific provision related to the recall system in Chinese criminal law,while combined the US food safety legislation to gave some solutions.The second chapter is about the descriptions of existing food crimes,which analyzed and proposed solution to the question that the behavior pattern of food crime are lack and there is no description in the existing food crime about the negligence or reckless.From the perspective of statutory punishment,the fourth chapter analyzed the problems existing in the current penal provisions of the food crime and gave some suggestions which including the explicitly applying the occupational ban in the food crime to reduce the possibility of recidivism of food crimes.