The Criminal Law Protection Of Food Safety In China

With the development of science and technology and bioengineering,there are more and more kinds of chemical additives,the more serious the human risk of food safety,especially since the criminalization of food safety problems,although criminal supervision has become more severe,but food safety accidents occur frequently.Is there a problem in the establishment of criminal law charges,or is it difficult to adapt the pace of criminal law renewal to new changes in the type of crime in practice? In order to find the reasons for this,the article will be analyzed from different levels.This article is divided into four parts:The first part is an overview of food safety and food safety crime.Because this crime is an administrative crime,the provisions of administrative laws and regulations on the illegal behavior of food safety are the premise of criminal supervision.In the perspective of administrative law,food and food safety is a dynamic concept,in different times in different countries on food safety has been given different connotations,in the period of food shortage,the definition of food safety is limited to the maintenance of people’s basic living conditions,and with the development of science and technology,agricultural technology changed the situation of hunger,the health and safety of food itself is constantly valued,and food poisoning and foodborne diseases are not the basic meaning of food safety due to the normal consumption of foodstuffs.After clarifying the meaning of food safety administrative law,we need to further analyze whether food safety in criminal law is the same as the former,because of the limitation of China’s national conditions,different laws have been set up for different kinds of food,and the characterization of food meaning in criminal law must have a sense of overall situation and appropriately expand the category of food meaning.The second part of China and foreign food safety legal protection of the legislative overview analysis.On the premise of clarifying the basic meaning,how to regulate food safety,how to set up the legal system also need to be at home and abroad,learn from the advantages and learn from the experience,therefore,this chapter through the selection of food safety legislation to ensure that a number comparing with the different legal protection of food safety in China and the outside,the defects existing in China’s food safety legislation are clarified.The third part is a probe into the difficult problems of food safety basic crime.After the second chapter clarifies the defects of China’s food safety criminal law,this chapter analyzes the causes of defect formation through the form of detailed analysis,and focuses on the basic charges of food safety crime,and selects judicial cases as arguments for key situations in order to clarify the problem.The fourth part is the legislative improvement of the food safety.After clarifying the problems existing in the criminal law of food safety,we should find a way to solve the problem.Therefore,in the fourth part of the legislative improvement proposals,we should not only pay attention to the overall situation,but also focus on the needs of judicial practice,reasonable improvement of food safety criminal law,to ensure food safety.In the first section,the paper analyzes the advantages and disadvantages of the current criminal policy from the guiding principles of the criminal policy of food crime,and puts forward some suggestions for improvement.The second section begins with the judicial interpretation and the basic charges of food safety crime,and re-sets up the legislative model of "producing and selling food crimes that do not meet the food safety standards".An awkward situation that is difficult to judge;The third section discusses the feasibility of adding new crimes in this chapter from the angle of perfecting the crime.