Research On Criminal Law Regulation Of Food Safety Crimes In China

Food safety is a major factor in national and social stability,and food safety protection has significant social benefits.The field of food safety has always been an extremely severe situation,with shocking cases often breaking out,seriously damaging the lives and health of the people,reducing the authority of the government and the law,and bringing adverse effects to China’s social stability and economic order.China’s relevant laws have undergone several revisions,which have strengthened the punishment intensity for food safety crimes.Independent regulations have also been established for the rights and responsibilities of regulators,forming a preliminary system for controlling food safety.However,frequent outbreaks of food safety incidents still make society uneasy,indicating that the current legal system is still insufficient to effectively combat food safety crimes.Penalty is one of the harshest coercive methods for punishing criminals,and criminal law plays an important role in ensuring food safety.Therefore,improving the criminal law regulation of food safety crimes should be the main focus of current and even future work.By studying the gaps in criminal legislation in the field of food safety protection,drawing on experience,and further improving it,we can truly achieve comprehensive criminal regulation of food safety crimes,safeguard people’s "safety on the tip of the tongue," ensure the health and peace of the Chinese people,and promote the healthy development and social stability of the food industry.In addition to the introduction and conclusion,this article mainly consists of four parts:Part 1: Overview of food safety crimes.This section elaborates on the meaning,characteristics,and hazards of food safety and food safety crimes;Then,the necessity and importance of criminal law regulation in the field of food safety in China are discussed in detail from four aspects: the limitations of civil administration regulation,the challenges brought by risk society,the requirements of national strategy,and the strict mandatory and final guarantee functions of criminal law.Part 2: The Criminal Legislation Process and Issues of Food Safety Crimes in China.Firstly,a detailed review of the criminal legislation process of food safety crimes in China was conducted,including: firstly,the criminal legislation situation from 1949 to 1979;The improvement of criminal legislation in China’s 1997 Criminal Law;Criminal legislation on food safety crimes since the Eighth Amendment to the Criminal Law;On this basis,we will further explore and analyze the problems in the criminal law regulation of food safety crimes in China,mainly including the following four aspects: inaccurate attribution of crime types,failure to regulate negligent crimes,unscientific penalty settings,and uncoordinated execution connections.The third part is the provisions and inspirations of foreign legal systems on food safety crimes.After elaborating on the legislative situation of food safety crimes in representative countries of the Anglo American legal system and the continental legal system,this section analyzes and explores the inspiration brought by relevant extraterritorial legislative experience to China’s criminal legislation,laying the foundation for subsequent content.The fourth part is the path to improve the criminal law regulation of food safety crimes in China.Based on the first three parts,some practical improvement paths are proposed to address the problems in the criminal law regulation of food safety crimes in China,mainly including: firstly,adjusting the attribution of criminal law to optimize the criminal legislative system of food safety crimes in China;Add negligent offenses and add criminal counts of negligent offenses in Articles 143 and 144 to improve the accusation system;Improve the legal penalty system,and make the punishment system for food safety crimes in China more scientific and effective by improving the application of penalties such as confiscation of property,qualification,and fine;Coordinate the connection of execution,make up for the shortcomings of criminal law in regulating food safety crimes,and meet the needs of judicial practice.