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Study On The Crimes Of Dereliction Of Duty In Food Supervision

Posted on:2020-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:H Y JiangFull Text:PDF
GTID:2416330623451540Subject:Law
Abstract/Summary:PDF Full Text Request
In 2011,China added the crime of dereliction of duty in food supervision.Its purpose is to strengthen the crackdown on abuse of power and der eliction of duty in the field of food safety supervision through more severe penalties,and to build a protective wall for the people's "safety on the tip of the tongue".However,the crime has not played a good role since its implementation,food safety i ssues are still prominent,the investigation of malfeasance cases in food supervision is not optimistic,the number of cases convicted of this crime is relatively small,and sentencing is generally low.To a certain extent,this condoned the dereliction of duty of those responsible for food safety supervision,and promoted the high incidence of food safety crimes.A legal provision that has been in effect for 8 years is difficult to apply in judicial practice,so it is necessary to study the problems existi ng in the application of this crime.From Liao's case of dereliction of duty in food supervision,Yin's case and Wang's case of dereliction of duty in food supervision and Wang 's case of dereliction of duty in food supervision,the controversial points ab out crime and non-crime in judicial application of such cases are mainly embodied in the subject of crime,dereliction of duty,harmful results and causality.The subject of crime not only requires the identity of the staff of the state organs,but also ha s the supervisory responsibility for food safety.In practice,the subject of responsibility should be defined according to its functions and duties.Dereliction of duty includes abuse of power and dereliction of duty.The way of abuse of power is action,and the way of dereliction of duty is omission.It can be seen from the provisions of the law that the crime is a consequential offence.In judicial practice,the harmful consequences of material nature should be quantified according to the standard of the crime of dereliction of duty.Other serious consequences should grasp the scale that is comparable to the "major food safety accident" and should not be blindly expanded.Whether there is a causal relationship between negligence and harmful consequences in criminal law is the key to conviction,and the causal relationship of this crime has its particularity compared with general crimes.The harmful results are usually not caused directly by the malfeasance perpetrator,but by the illegal acts of food producers and operators.Therefore,the establishment of causal relationship cannot be denied.
Keywords/Search Tags:Dereliction of duty in food supervision, Subject of crime, Jobbery, harmful consequence, Causal relationship
PDF Full Text Request
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