The Legislative Inspection And Perfection Of Food Safety Crime In China

Food safety concerns the life and health of the people and is one of the most important livelihood issues.In recent years,with the exposure of some hot incidents of food safety crimes,the public is once again plunged into extreme panic.In order to respond to the public’s concern about food safety,the administrative law and criminal legislation have been constantly improved,aiming at establishing a more rigorous legal system of food safety.Administrative law,as the preposition of food safety crime,is more applicable in practice due to its clear legislation,strict legal net and simple operation procedures.However,due to its lack of mandatory,it is necessary to take criminal legislation as security law to regulate food safety crimes.From the perspective of the regulation of criminal law on food safety crime in China since the reform and opening up,it can be summarized as follows: the specific charges set up in criminal law have been constantly changed,the protection of legal interests has been increasingly extended,the criminal punishment has been continuously increased,and the criminal law net has been increasingly close.It is undeniable that there are still many deficiencies in the current provisions of China’s criminal law on food safety crimes.Secondly,the subjective form of this kind of crime is only limited to the intentional form,which is one-sided.Third,the applicable fine punishment lacks the specific discretion standard,sets unscientific;Fourth,lack of omission type of food safety crime;Fifth,the provisions of the criminal law on food safety crimes are quite different from the food safety law,and the judicial application is in a dilemma.In view of this,the following improvements should be made to the criminal legislation of food safety crimes: first,the related charges of food safety crimes should be adjusted to the second chapter of the specific provisions of the criminal law,that is,the chapter of crimes against public security;Second,to formulate the specific discretion standards of fine punishment;Third,the addition of production,sales of food safety crime negligence provisions;The fourth is to increase the food safety crime of refusing to recall;Fifth,further improve the criminal legislation,make it better with the food safety law,and then effectively curb food safety crimes.