Research On The Conviction Of Negligence Endangering Food Safety

People regard food as their prime want,safety is the first thing to eat.Food safety is related to the “national economy and people’s life”.Also,it’s related to all aspects of people’s lives.In recent years,a series of food safety accidents have been exposed repeatedly,which has not only caused serious harm to the health and life safety of consumers,but also brought a lot of adverse effects to the society.In these accidents,there are many cases of serious social and public health safety endangering due to negligence.Among them,the food producers and operators may only want to make profits,and they do not foresee the occurrence of the results,or may be opposed to the occurrence of the results.Under this circumstance,determining whether this kind of behavior constitutes a crime and how to prevent similar cases from occurring and how to deal with the serious harm caused by negligent acts of endangering food safety,has become a crucial point.Summarizing my country’s current criminal legislation,it can be found that food mainly includes poisonous and harmful food and food that does not meet the safety standards in the food safety crime.The crime of dereliction of duty in supervision is a crime of dereliction of duty,which focuses on the regulation of the supervision and management behavior of food supervisory authorities.Therefore,food safety crimes should refer to the first two crimes in the true sense.In these two crimes,only intentional crimes are stipulated,and there is no regulation of negligent acts that endanger food safety.This is unreasonable extremely.First of all,there are many food safety accidents caused by some negligence and the harmful consequences are equivalent to those caused by deliberate food safety accidents in actual cases.In judicial practice,the handling of food safety incidents caused by negligence is nothing more than the following two treatment methods: if the circumstances are relatively minor,or they do not cause much impact,criminals can not be held criminally liable;If the circumstances are serious,the perpetrator will be defined as a criminal according to the corresponding food Intentional safety crimes or general negligence crimes such as “crime of negligent throwing dangerous substances” or “crime of endangering public safety by dangerous methods”.Such treatment is not only contrary to the principle of legality,but also not conducive to crime prevention.Secondly,the Food Safety Law of our country clearly stipulates the illegal act of food safety and its treatment measures,among them,negligence is also illegal.In order to carry out the conviction accurately and sentencing,we should realize the link between the Criminal Law and the Food Safety Law,and ensure the accurate conviction and sentencing of criminal justice,the addition of food safety negligence crime should be put on the agenda.Regarding the legislative design of the penalties for acts of negligence endangering food safety,it is recommended to add a crime of negligence under the provisions of Article 143 and Article 144 respectively.Only when a specific harm result is caused can a negligence crime be established.The unit can constitute these two types of negligent crimes and implement the double penalty system.At the same time,the qualification penalty is added to the crime of negligence.