Research On The Application Of Criminal Law Of Endangering Food Safety

Contemporary society is in a new era of diversification,economization and network development.Social life is increasingly complex and changeable,the trend of internationalization is more and more obvious,and new crimes are also increasing.Accordingly,in the field of food safety crime also presents new development trend,new poisonous and harmful material appear constantly,the dramatic changes in form of crime and crime also,this makes the existing criminal legislation in the maintenance of food safety has a certain lag,also created new problems in the judicial practice.How to comprehensively regulate the illegal and criminal behaviors in the field of food safety and effectively solve the frequent occurrence of current food safety problems is an important topic that China needs to continuously study in both the theoretical and administrative circles,legislation and justice.Practice is the sole criterion for testing truth,to analyze the food safety crime problems emerging from the process of legal application,from practical cases,this paper analysis A province from 2017 to 2019 in the trial of more than one hundred judgment as well as the typical verdict for the country in recent years found that endanger food security problems existed in the criminal law applicable to the following.First,the crime of pocketbook is more applicable,the crime and the crime of confusion;Second,the food supervision dereliction of duty into the crime less;Thirdly,it is difficult and lacking in the determination of subjective fault.Fourth,the scope of behavior object is narrow;Fifth,the fine punishment is difficult to operate in the practice;Sixth,the scope of application of injunction is small;Seventh,the probation application rate is low.In summary,these problems cover two aspects of crime and penalty in criminal law regulation.Therefore,more profound research is needed on both the establishment of food safety crime and the punishment of food safety crime.There are consequences and causes.Through in-depth analysis of the above problems,we will find that there are several reasons behind each problem,either in theory,practice,legislation or justice.Can sum up the causes of these problems,thereare found,it is a negligence to endanger the safety of food in China's criminal case applicable law is lack of unified standards,the existing concrete show negligence crime in the field of food hazards of food safety crime,how to apply behavior object cannot keep up with The Times development,and even do not agree with the food safety law in our country;Secondly,the segmented supervision mode of food safety in China is not conducive to the determination of the criminal subject of food supervision in vocational school;The applicable threshold for the crime of food supervision and vocational education is too high,resulting in the very low application rate of this crime;Third,does not conform to the safety standard or the poisonous harmful substance kind and the dosage stipulation is not comprehensive and complete,causes when the application to identify the difficulty.Fourth,the amount of production and sales is too large in the determination of food safety crimes,but there is no unified basis for the determination,and the relevant provisions on food transportation and storage are excluded,resulting in confusion of application;Fifth,under the guidance of the severe punishment doctrine in the field of food safety,the boundary between administrative violation and criminal violation is not clear,the connection between administrative law enforcement and justice is not enough,the phenomenon of substituting punishment for punishment occurs frequently,so that the application rate of probation is high;sixth,there is still a lack of professional treatment of food safety crimes by judicial organs.Only by constantly finding and solving problems can we make continuous progress.In view of the above problems,the following measures are proposed after referring to the experience of other countries and connecting with the reality of China:first,in terms of crime determination,the basis for crime determination of endangering food safety should be unified;Lowering the threshold of entry for the crime of food safety supervision;Clarifying the criterion for determining "knowing";Expand the object of food safety crime.Second,in terms of penalty,we should make clear the applicable standard of fine punishment.To strengthen the connection between administrative law enforcement and criminal justice;Strictly restrict the application of probation in food safety crimes;Establish a unified food supervisionmodel;Improve the system of penalty injunction and increase the application of flexible injunction.It is expected that the research of this paper can provide effective Suggestions for the judicial application in the field of food safety crimes,so as to make the application of the law of endangering food safety crimes more mature and the social governance of food safety more scientific and reasonable.