中国食品安全的刑法规制

中国食品安全监管存在四大问题,即食品安全法律体系太单薄、现行刑法对食品安全犯罪的规制存在明显缺陷、监管人员对食品安全犯罪的危害性认识不足、缺乏具有实际可操作性的监管失职人员问责制度,这些问题的存在导致近几年来食品安全问题频发。要解决这些问题,需要建立以刑法规制为主导的法律规制体系、统一各种危害食品安全犯罪的罪名、完善社会监督预防体系。

Criminal law and regulation of food safety in China

There are four major problems existing in China''s food safety supervision and management. They are imperfection in the system of laws on food safety, obvious defect of current criminal law governing food safety crimes, insufficient understanding for supervisory staff to hazard of food safety crimes, absence of workable accountability system for supervisory staff who spoil their duty. Those existing problems have caused frequent crisis of food safety. To tackle these problems, a legally governing system, which should be mainly supported by the system of criminal law, needs to be established to unify names of crime for food safety crime and to perfect social supervisory preventive system.