食品监管渎职罪探析

食品是人类生活的基本需求之一。民以食为天,而食又以安为先。近些年来,我国食品安全事件频发,违法犯罪猖獗,《刑法》保护不力。为此,《中华人民共和国刑法修正案(八)》第49条增设食品监管渎职罪,以严厉打击食品领域的渎职行为,强化国家的监管责任。本文就食品监管渎职罪增设的必要性、法条的解读以及与相关罪名的区分进行探析,以期能对司法实践有所裨益。

On Crime of Malfeasance in Food Regulation

Food is one of the basic needs of human life. The People take the basis on food, while security takes the precedence of food. In recent years, the food safety accidents happened frequently, food safety crimes are rampant, and Criminal Law protection is not enough. Therefore, Article 49 in Amendment(Ⅷ) to the Criminal Law of the P.R.C. adds the crime of malfeasance in food regulation in order to combat malfeasance in food industry and strengthen state supervision duty. This paper makes a research on necessity of adding the crime of malfeasance in food regulation, explanation of law items, difference between the crime of malfeasance in food Regulation and related accusations, which may give the benefit to application of the accusation in judicial practice.