Perfect Research On Legislation Against Food Safety Crime

The criminal law provisions on crimes against food safety have been amended by the Criminal Law Amendment(8)and the Criminal Law Amendment(9)and promulgated and implemented in succession with regard to judicial interpretation,and the criminal situation has been effectively curbed.Since 2016,the number of crimes against food safety in the country has decreased year by year,but this does not mean that the crime situation has fundamentally improved.With the problem of food damage to human body tends to chronic recessive,criminal means dependent on space networking,harm areas involving the whole chain of food management and the ability of perpetrators to avoid confrontation and investigation,the criminal law to a certain extent facing the new situation,new changes in this kind of crime into the difficulties of evaluation,regulation and judicial application,many crimes against food safety actually outside the scope of the judicial organs,the overall situation of crime is still complex and severe.In order to deal with the above difficulties,based on the consideration that food safety is the most basic people's livelihood,the most important safety and the crime of endangering food safety must be regulated to the maximum extent,it is suggested that the criminal law should take illegal content cognition as the subjective element of the crime of producing and selling toxic and harmful food instead of subjective knowledge standard;Appropriate addition of a number of offences,the provision of individual negligent crime and food supervision inspection dereliction of duty crime,the production and sale of food not in line with the concept of safety instead of production,the sale of fake and inferior products in the field of food safety crime,to reduce the social harmfulness standard of the crime in general,and to realize the adjustment and regulation of the whole chain and the whole industry harmful to food safety behavior in the Criminal Law;at the same time,further strict and balanced allocation of penalties,improve the criminal law provisions into the system,the overall food safety crimes against public safety crime,accurate and effective prevention.