Debate On The Crime Of Dereliction Of Duty In Food Supervision

Article 49 of the "Amendment to the Criminal Law of the People's Republic of China(Eight)" has added the crime of food supervision malfeasance.The addition of the crime not only help to prevent food safety accidents at the source,but also can strengthen the supervision of food safety duties.The supervision of national staff has made relevant enterprises more transparent and standardized in all aspects of food production and sales to ensure the safe production and circulation of food.Food supervision malfeasance has set a higher statutory punishment,which provides a criminal law basis for severely punishing food supervision staff for malfeasance.However,in the application process of this crime,there are still many disputes about its constituent elements and applicable standards,which need to be clarified.This article intends to explain this from three levels,as follows:First,the legislative background and implementation status of food supervision malfeasance.This article intends to analyze the necessity and the urgency of the establishment of food supervision malfeasance from the reasons for the addition of food supervision malfeasance.It also analyzes the criminal judgment of the crime of malfeasance of food supervision in the first instance of the Criminal Tribunal published online on the Chinese judgment documents,and analyzes the implementation of this crime after its addition.Second,the normative interpretation of the crime of malfeasance in food supervision.This article analyzes the objective elements,the scope of the subject,and the form of the crime of malfeasance in food supervision one by one.The objective requirements are focused on the types of malfeasance and the legal results of malfeasance.The types of malfeasance include "abusive powers of food regulatory authority" and "negligence of food regulatory powers",and their behaviors are dual attributes of act and omission,the statutory result of malfeasance shall be determined by referring to the filing standards for the crime of producing and selling toxic and harmful food and the crime of producing and selling food that does not meet safetystandards,combined with the filing standards of crimes of abuse of power and negligence of duty,and cause other serious consequences;The main body's determination focuses on the scope of those responsible for food supervision,and in conjunction with relevant judicial interpretations,it is believed that the subject of the crime should also include the person in charge of the unit who is authorized according to law,entrusted to exercise his powers,and who has committed malfeasance in food supervision;The review of the crime focuses on the judgment of the crime of food supervision malfeasance.It is considered that this crime is a single form of crime.The crime of abuse of power-type food supervision malfeasance is intentional,and the form of the crime of negligence of duty-based food supervision malfeasance is negligence.Finally,the judicial determination of food supervision malfeasance.This article intends to analyze the identification of the common crime,the stop pattern and the number of crimes of the crime.A common crime is constituted only when the perpetrators commit the crime of abuse of power and supervision of food misconduct;the established standard for the crime of abuse of power and supervision of food misconduct is the result of statutory misconduct.In addition,through the study and judgment of the Supreme Prosecution Guiding Cases,it focuses on the interpretation of several crimes and the problems of competition and cooperation in the application of this crime.