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Criminal Protection of Food Safety

Author: RaoPing
Tutor: LiuYuan
School: Shandong University
Course: Legal
Keywords: Food Safety Criminal Law Protection Criminal justice system Death penalty Fine
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 987
Quote: 12
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Abstract


Food security relationship between people's health and life safety. In today's increasingly frequent international exchanges, food safety also impact on a country's foreign trade and economic development. Its importance is self-evident. China in recent years, frequent food safety accidents, making the necessary legal means to protect food safety. This article discussed from the point of view of criminal law. Through the analysis of China's criminal law, found that the number of defects. On the basis of certain ideas to improve the protection of the criminal law of China's food safety. The article consists of three main parts. The first part discusses the significance and necessity of the criminal law protection of food safety. Strengthen the criminal law protection of food safety is not only in line with the principle of legality, but also to guide judicial authorities handling the case. Have important significance in the legislative and judicial. Meanwhile, food safety grim status quo, and the severity of last protection function of the criminal law to criminal law became necessary to protect food safety. The second part discusses China's criminal law provisions to protect food safety. The concept of focusing on the production and sales do not meet the hygiene standards of food sin with the production and sales of toxic and hazardous food crimes, the legislative process and crime constitute discussed. The third part through the analysis of the provisions of the Penal Code, found that some of the defects of its existence. For example: the criminal justice system is not unified on the regulation of food safety. Li structure of China's criminal law strictly, as follows: First, the French Open is lax, not to hold hazardous food incriminate; penalty harsh Li, the highest food crime punishable by death, does not meet the International Penal Moderating Trend . The provisions of the fine punishment, there are several drawbacks. Make a few points on the basis of the reflection defects refactoring suggestions to amend the criminal law system of food safety is not uniform at. The same time, close to the French Open, the increase in illegal possession of dangerous (unsafe) food sin; food crime should be the abolition of the death penalty; perfect fine punishment applies. The time of this writing coincided with the \Of two cases suggested. One is when the Bill, another when the Bill is not passed. In short, the importance of food safety for all to see, and therefore of great significance to the study of the criminal law protection of the food safety. This is not only able to reduce the number of food crime, protection of health and life safety of the living body of the people, and more useful for the construction of China's legal system, in order to achieve this great goal of building a harmonious society in China.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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