基于网络数据统计的食品欺诈研究分析

目的 建立符合我国国情的食品欺诈数据库, 补充国际上已建立的经济利益驱动型掺假(economically motivated adulteration, EMA)数据库空白。方法 搜集2001~2019年发生的食品欺诈行为, 初步建立具有中国国情的食品欺诈数据库。对数据库中信息完备的454条欺诈数据进行分析。结果 媒体报道数据占食品欺诈信息总数的71.6%; 食用农产品、酒类、乳制品、肉制品等11类产品是欺诈事件发生较多的食品类别; 产品欺诈(72.2%)高居食品欺诈类型的首位; 2001~2019年食品欺诈事件数量呈现出先上升后降低, 再上升再降低的“M”状趋势; 目前食品欺诈检测技术主要以理化分析技术为主, 针对的食品类别还有限; 食品欺诈信息以中国为主(89.0%), 涉及到世界各个地区。结论 食品欺诈是广泛存在的全球性问题, 本研究建立的食品欺诈数据库为预防食品安全风险起到了重要的技术支撑作用。     

"诉讼诈骗"如何适用法律?--以实然和应然为视角

“诉讼诈骗”应当如何适用法律?从实然的角度而言,将其作犯罪处理将违背刑法基本理论和立法规定;从应然的角度言,“诉讼诈骗”具有应然的刑事违法性,其侵犯的主要客体为“人民法院正常的审判活动”,从而应当构成犯罪。为此,有必要在刑法中增加“诉讼诈骗罪”,将其列于“妨害司法罪”一节中。     

论以欺诈方式出售已抵押房屋的刑法适用

房地产开发商隐瞒房屋已经抵押的事实、采取欺诈方式销售房屋的行为,侵犯了房屋买受人的合法权益,扰乱了诚实信用的市场秩序.把这种行为引入到刑法的调整范围,通过追究犯罪人的刑事责任,可以增加违法成本,规范开发商以欺诈手段销售已抵押房屋的行为.该种行为符合合同诈骗罪的构成要件,有必要在司法解释中予以明确.     

Italian market fish species identification and commercial frauds revealing by DNA sequencing

To guarantee consumers about the security of what they eat is the main goal of all the institutions working to assure food safety. In seafood field it appears of prime importance to be able to identify fish species throughout the production cycle also when the product has been already processed (breaded fish, fillets etc). In this context the latest system proposed for species identification is the so called “DNA-Barcoding”, made by carrying out the DNA sequencing of a standard barcode region. In the present study we carried out bi-directional sequence analysis of mitochondrial cytochrome b gene (Cytb) and cytochrome oxidase subunit I gene (COI). The main goal of the research was to unambiguously classify the most common fishes traded in Italy, being able to ascertain possible labeling frauds made substituting value species with less precious ones. With both genes we could correctly identify almost all the samples in study: respectively 58/58 with COI and 56/58 with Cytb. This study confirms mitochondrial genes Cytb and COI as good candidates for fish species identification by DNA sequencing. This method appears particularly suitable especially when morphological characterization is difficult, (for very close species), or impossible (for transformed foodstuffs) to carry out. What's more we could efficiently identify many fishes belonging to the Mediterranean fauna, which, to our knowledge, underwent for the first time this kind of analysis. Further development will concern the extension of the analysis to a largest number of local species.     

Food fraud: An exploratory study for measuring consumer perception towards mislabeled food products and influence on self-authentication intentions

The present study explores the concept of mistrust in country of origin information and the use of technology by consumers to corroborate information on food labels. Despite the plethora of food studies on trust conveyed by different sources, there appears to be a lack of studies exploring consumers' willingness to substantiate information on food labels, more specifically country of origin, and how it is influenced by mistrust. A self-administered survey was conducted in the city of Innsbruck, Austria, to evaluate the relationship between mistrust and the willingness to use technology and verify food label information in food stores. This present study suggests that mistrust towards industry and/or regulators in general augments consumers' willingness to self-authenticate. Findings also suggest that highly educated consumers are more likely to distrust the information on food labels, and are more willing to use a device to validate food label content. Expected results suggest that consumers who read labels on a regular basis expressed a higher willingness to self-authenticate, and that women are more likely to read labels than men. Limitations of the study are presented; theoretical significance and practical implications of the findings are also discussed.     

Identification of fish species by 5S rRNA gene amplification

The 5S ribosomal RNA is a very suitable target for easy, rapid and inexpensive fish species identification due to its structure, consisting of a conserved region followed by a species-specific noncoding region called ‘nontranscribed spacer’. We have exploited this species-specificity in length and sequence to discriminate among fish species which can be subjected to substitution in the fish markets. After sequencing and alignment of the corresponding portions of the 5S rRNAs of different fish species, we have designed the primer pairs necessary for PCR amplification on the DNA traits which most diverged and a primer pair on conserved regions. Our results have shown the feasibility, simplicity and reliability of the proposed approach for the detection of mislabelling or fraudulent substitution of fish species.     

Medicare/medicaid billing fraud and abuse by psychologists.

Medicare/Medicaid billing fraud and abuse can be prosecuted under a wider array of laws than apply within the private sector. Cases are typically initiated by whistleblowers or through detection of unusual billing patterns. Few psychologists in independent practice have ever been convicted of Medicare/Medicaid billing fraud or abuse, but government antifraud efforts against psychologists appear to be on the rise. These efforts are pursued under the auspices of containing spiraling health care costs, but they can uncover unintentional billing abuse by psychologists, arising from general ignorance of claim-processing procedures, lack of uniformity across insurance programs, constantly changing guidelines, and ambiguous interpretations. Recent investigations in south Texas have especially targeted the use of extenders for psychological and neuropsychological testing. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

咨询机构参与工程项目审计舞弊行为的探讨

结合多年的工作实践经验,揭露了工程造价咨询机构的一些舞弊手段,针对目前中国的审计机构现状做了较为深刻的剖析,对建设、施工、审计三方如何正常运行等方面做了具体的分析,以期指导实践。     

Food Safety,Food Fraud,and Food Defense: A Fast Evolving Literature

Intentional food crime is plural in nature in terms of the types of crime and the differing levels of financial gain. Successful models of food crime are dependent on how well the crime has been executed and at what point, or even if, detection actually occurs. The aim of this paper is to undertake a literature review and critique the often contradictory definitions that can be found in the literature in order to compare and contrast existing food crime risk assessment tools and their application. Food safety, food defense, and food fraud risk assessments consider different criteria in order to determine the degree of situational risk for each criteria and the measures that need to be implemented to mitigate that risk. Further research is required to support the development of global countermeasures, that are of value in reducing overall risk even when the potential hazards may be largely unknown, and specific countermeasures that can act against unique risks.     

美国应对经济利益驱动型掺假和食品欺诈的经验及对我国的启示

食品欺诈自古就有,但是近年来随着食品供应链全球化和复杂化,以及商业竞争日趋激烈等原因,受经济利益驱动进行的食品掺假和欺诈活动愈演愈烈。美国是最早提出经济利益驱动型掺假概念的国家,并为应对经济利益驱动型掺假提出了一系列措施。本文首先将美国关于经济利益驱动型掺假和食品欺诈的定义进行了梳理,并将这两个概念与其他食品保护概念进行对比;其次,对比美国和中国经济利益驱动型掺假和食品欺诈的应对措施;最后,对我国应对经济利益型掺假和食品欺诈提出了四点建议。