Understanding And Application Of Crime Of Malfeasance In Food And Drug Supervision

To sum up the judicial experience of the crime of malfeasance in food supervision,in response to the practical needs of the criminal regulation of malfeasance in drug supervision,《Criminal Law Amendment(11)》 revised and improved the crime of malfeasance in food supervision,one of Article 408 of the Criminal Law,expanded the scope of the subject of this crime and clarified the specific types of behavior,which provided a more careful and clear legal basis for the criminal regulation of malfeasance in food and drug supervision,and also put forward a new research topic for the judicial application of this crime.One of the provisions of Article 408 of the Criminal Law essentially includes two kinds of independent food and drug regulatory malfeasance,that is,abuse of authority type of food and drug regulatory malfeasance and dereliction of duty type of food and drug regulatory malfeasance.The judicial interpretation determines the crime of this crime as a crime,that is,food and drug regulatory malfeasance,which is obviously improper.The subject of this crime should be identified according to the reality of China ’ s food and drug regulatory system.The type of behavior of this crime should be determined according to the basic meaning of abuse of power and dereliction of duty,and combined with the specific type of behavior listed in the criminal law.In the case of consequential offense,the determination of causality should be determined from the perspective of cross and indirect supervision.Crime of this crime,abuse of authority type of food,drug regulatory malfeasance crime intentionally,negligence of duty type of food,drug regulatory malfeasance crime negligence.