Research On The Judicial Application Of The Crime Of Dereliction Of Duty In Food Supervision

The establishment of the crime of dereliction of duty in food supervision is a great progress in the process of socialist rule of law in China,which shows that the state attaches great importance to food safety and embodies the maintenance of people’s health and safety.Before the establishment of the crime,dereliction of duty in the field of food supervision is generally investigated by the general provisions of the crime of abuse of power and dereliction of duty in the chapter of dereliction of duty.In terms of conviction and sentencing,it is not distinguished from other malfeasance crimes,and it does not reflect the National crackdown on dereliction of duty in the field of food supervision.After the establishment of the crime of dereliction of duty in food supervision,the use rate of the crime is not high because of its high filing standard,difficult to grasp the judicial practice,and obvious degree of light punishment.Through the empirical analysis of 60 first instance judgment documents,it can be found that there are many difficulties in the identification of food supervision malfeasance in current judicial practice.For a long time,China’s food safety supervision has adopted the mode of multi department"segmented supervision".It is difficult to identify the qualified subject.In judicial practice,some obvious malfeasance of food supervision can not constitute a crime,and the responsibility of relevant personnel can not be investigated.It is difficult to identify the legal responsibilities of food supervision.How to confirm the legal responsibility that he should be responsible for is the key and difficult point in the judicial practice.It is difficult to identify the consequences of the crime,and it is difficult to identify the "other serious consequences" in this crime.It is also difficult to identify the causal relationship between the behavior of the perpetrator and the damage consequences.The most important problem in judicial determination of food supervision malfeasance lies in the determination of the scope of the subject of the crime,and the necessary distinction between "intent" and "negligence".This crime is consequential crime,and "major food safety accident" and "other serious consequences" are the result elements of this crime,both of which have the limitation of unclear and unified standards,so the specific judicial identification standards should be clarified;the causality of this crime should be determined according to the specific case facts,and the double-level cause theory should be used to judge;the crime of malfeasance of food supervision and general dereliction of duty There is concurrence between the two crimes,which belongs to the inclusive type of concurrence relationship between the two and other malfeasance crimes.In judicial practice,the principle of "special law is superior to general law" should be adopted,and one felony should be convicted and sentencing between the concurrence charges;the "multi person crime" in food supervision crime needs to be clarified,especially the joint intentional crime In judicial practice,the sentencing of dereliction of duty in food supervision is too lenient.Although there are some reasonable grounds,it is not suitable to adhere to the tendency of light punishment for a long time.We can increase the fine penalty to cooperate with the freedom penalty and crack down on the crime of dereliction of duty in food supervision.