Research On The Crime Of Judicial Determination Of Malfeasance In Food And Drug Supervisio

In order to better solve the food and drug safety problems concerned by the people,the criminal law amendment（11）newly amended the crime of dereliction of duty in food and drug supervision,increased the crime of dereliction of duty in the drug field,and listed specific dereliction of duty to make the application of the crime of dereliction of duty in food and drug supervision more explicit and operable in judicial practice.After the revision,the dispute about this crime is still in full swing.How to define the constitutive elements of this crime is of great significance to the judicial application of our country.The author believes that this crime should be divided into abuse of power and dereliction of duty of food and drug supervision dereliction of duty.At the same time,the controversy on the constitutive elements of this crime should be analyzed.The object of this crime is the normal supervision activities of the state on food and drug safety.The objective constituent elements are the dereliction of duty in food and drug supervision by abusing power and neglecting duty,which is specifically manifested in the four specific acts listed in the law.The subjective aspect should include two subjective psychological attitudes: indirect intention and negligence.The subjective aspect should be identified in combination with the current situation of China’s food and drug regulatory system;The subjective negligence of food and drug safety supervisors is identified by means of the "supervisory negligence theory".The rules for identifying the possibility of outcome prediction are applicable in general cases,and the possibility of outcome prediction is not required in special cases.According to the revised law,the crime type of this crime should be an abstract dangerous crime,and the crime type should be appropriately restricted in combination with the criminal acts of this crime.