食品安全犯罪的刑法规制及其完善

Criminal Law Regulation and Improvement of Food Safety Crimes

Food safety is related to the national economy, people’s livelihood and public health. China's food safety crime legislation has been established from scratch, and after several revisions, it has gradually shown a trend of “strict legal network and severe punishment”. However, in judicial practice, food safety crime cases are still operating at a high level, mainly because the scope of the criminal law on food safety crimes is loose and omission. the allocation of penalties is unreasonable; The Criminal Law and the Food Safety Law are not well connected and many other flaws, resulting in the fact that all parties are involved in the governance of food safety crimes, but they are not able to do it. In order to deal with this dilemma, firstly, the scope of regulation of food safety crimes should be tightened, and the behavior patterns and subjective forms of food safety crimes should be supplemented. Secondly, improve the allocation of penalties for food safety crimes, and enhance the rationality of the allocation of penalties by adding qualification penalties and refining fines. Finally, at the legislative level, the connection between the execution and execution of food safety crimes should be strengthened to build a solid line of defense for food safety and continue to promote the in-depth development of the crackdown on food safety crimes.

民以食为天，食品安全关乎国计民生和公众健康。我国食品安全犯罪立法从无到有，历经数次修订逐渐呈现出“法网严密、刑罚严厉”的趋势。但司法实践中食品安全犯罪案件依然高位运转，主要原因在于食品安全犯罪的刑法规制范围粗疏阙漏；刑罚配置不合理；《刑法》与《食品安全法》对接不畅等诸多瑕疵，导致各方虽都涉足食品安全犯罪治理却力有不逮。为应对此困局，首先，应严密食品安全犯罪规制范围，补足食品安全犯罪的行为方式和主观罪过形式；其次，完善食品安全犯罪刑罚配置，通过增设资格刑、细化罚金刑等路径增强刑罚配置的合理性；最后，在立法层面加强食品安全犯罪的行刑衔接，以筑牢食品安全防线，持续推进食品安全犯罪打击向纵深发展。