论食品安全犯罪的刑法规制

为有效保障食品安全，就必须重视刑法对食品安全犯罪的规制。现有的关于食品安全犯罪的刑法规制存在不足，对食品安全犯罪的刑法规制应按以下思路进行调整：重新定位食品安全犯罪；扩充食品安全犯罪的罪名体系；完善责任形式。食品安全犯罪刑法规制的具体改进措施包括：调整食品安全犯罪在刑法分则中的位置；增设食品安全重大责任事故罪；对“食品”的概念作扩大化解释，并在刑法中明确其涵义；对生产、经营不符合安全标准食品罪的犯罪构成加以改造；完善法律责任形式。

The Regulation of Crimes against Food Safety in the Criminal Law

To ensure food safety, emphasis should be laid on the regulation of crimes against food safety in the criminal law. Considering the defects of the current regulation of crimes against food safety in the criminal law, adjustments should be made according to the following ideas. Crimes against food safety should be redefined, with crime system enlarged and liability forms improved. To be specific, the following measures should be taken. Crimes against food safety should be relocated in specific provisions of the criminal law. Crimes of major liability accident against food safety should be added to the criminal law. The meaning of food should be further explained and clearly stipulated in the criminal law. The constitutive elements of the crime of producing and marketing sub - standard food should be modified. Forms of liability should be improved.