Research On The Judicial Application Of Practice Prohibition In The Crime Of Endangering Food Safety

Safety of food is related to people’s health,life safety and the future of the Chinese nation.Food safety has long been a key national governance area.However,in reality,the crime of producing and selling food that does not meet safety standards and the crime of producing and selling toxic and harmful food are repeatedly prohibited,and the existing penalties are difficult to effectively contain these two crimes.Because the crime characteristics of the above two crimes are all endangering food safety,this two crimes are collectively referred to as crimes endangering food safety in this article.The prohibition of employment added in the 2015 Criminal Law Amendment(IX)is a security measure specifically designed to prevent criminals sentenced to punishment for professional crimes from committing relevant professional crimes.By recognizing the danger of the offender’s future crime,after the criminal punishment he has received or parole,he is deprived of the qualification to engage in the occupation associated with the original crime within three to five years,so that he loses his professional conditions and is away from the criminal environment To achieve special prevention purposes.The practice prohibition provides a new means for the prevention of crimes against food safety.The practice prohibition is also applied to a certain degree in this crime.The application cases account for almost half of the cases where the practice prohibits judicial application.However,in the absence of regulatory guidance,only Due to the frequent application of the existing “One Article and Three Paragraphs”,it is difficult to give full play to the real effect of the prohibition of crime in practice,and there are few existing studies that specifically apply the prohibition of practice to this crime.Therefore,the author combines the latest theoretical research on the practice prohibition,combs the 427 judicial cases of the practice prohibition in the crime of endangering food safety in China Judgment Document Network for four years and serves as the entry point of the thesis,summarizes the problems in the application,analyzes the causes of the problems,and proposes perfect suggestions.The details are as follows:The first part determines the scope of the study and briefly introduces the provisions and nature of the practice prohibition;The second part introduces the selection method of case samples and other factors,as well as the collation and statistics of 427 related cases,and analyzes the sample of judicial prohibition applicable to crimes against food safety.The third part summarizes the existing problems after analyzing the case samples.For example,the lack of uniform regulations leads to different application standards for the prohibition of practice;the alienation of the prohibition of the practice caused by confusion with the probation and probation orders;The fourth part analyzes and summarizes the causes of problems in the prohibition of the application of this crime in judicial practice by arranging the sample of the case,laying the foundation for the next step to solve the problem.The fifth part puts forward suggestions on the basis of the clarification of the nature of the employment prohibition,and draws on the relevant theories of the German security punishment to clarify and unify the applicable norms of the employment prohibition,the clarification between the employment prohibition and the probation and probation prohibition orders,and to resolve the practice of crimes against food safety.The question of prohibiting the application of "subject to its provisions" improves the judicial application of the practice of prohibiting this crime.