食品监管渎职罪的主观罪过探析

食品监管渎职罪条文中“滥用职权或者玩忽职守”的规定表明其与滥用职权罪和玩忽职守罪有直接的联系，故此有学者认为食品监管渎职罪兼具故意和过失两种罪过形态，突破了传统刑法的单一罪过说。刑法总则中故意和过失的确定是针对危害结果而非危害行为而言，滥用职权罪和玩忽职守罪的主观罪过均应是过失，食品监管渎职罪没有突破单一罪过说。

Analysis of the Food Regulatory Malfeasance＇s Subjective Culpability

Food Regulatory malfeasance is a new accuse in the Eighth Criminal Amendment. It has direct relation with the crime of abuse of authority and the crime of dereliction of duty. So some scholars think the subjective fault in the Food Regulatory malfeasance includes crimes of both intent and negligence. It breached the single fault of a crime. Intent and negligence are aimed at the harm result not male faction. The crime of abuse of authority and the crime of dereliction of duty are all criminal negligence. So the Food Regulatory malfeasance is also an involuntary crime.