食品安全犯罪疑难问题的认定

伴随着《刑法修正案（八）》的出台,国家对危害食品安全犯罪的相关条文进行了大量修改,而司法解释却出现空白,由此引发了司法实务中对该类罪名的适用疑惑与争论。文章对修改后的食品安全标准和＂罚金＂刑适用问题进行了剖析,以期更好地为司法实践服务。     

Food 2030: Towards a Redefinition of Food? A Commentary on the New United Kingdom Government Food Strategy

The British government published its new food strategy in January 2010, entitled ‘Food 2030: How We Get There’. This emerges out of a considerable amount of policy activity and debate since the sharp rises in food prices during 2007–2008. This demonstrated the need both to now have an explicit food policy, and to position this as a goal across various government departments. In addition, it is recognised that food security and hunger are key global concerns. How does the strategy face up to the arrival of these new and combined challenges associated with the need to produce more food sustainably and to allocate it more fairly? Clearly, we are in a period of new productivism with regard to trying to solve national and international food security and sustainability issues. Yet this strategy misses an opportunity to stimulate a new strategic approach in enhancing and developing the United Kingdom's food supply system albeit in its international context. We need more governmental and political innovation and imagination if we are to meet these challenges. The new food strategy may come to represent the start of this process.     

Is long-term food insecurity inevitable in Asia?

Abstract

This article questions two widely accepted claims on long-term food insecurity in Asia, the world's (heterogeneous) region with the largest number of undernourished individuals. The first claim is that food production may not grow as fast as the pace of population growth in Asia, which will reach 5 billion by 2050. The second claim is that an unstoppable emergence of a middle class in Asia will dramatically change the composition of food demand. On the first claim, the region's contribution to high and volatile international food prices is well known, but Asia's potentially positive contributions toward future price uncertainty and productivity growth are much less cited. On the second claim, the changing composition of future food demand in the region will depend on the extent that poverty reduction effectively leads to middle class expansion, which it is not an automatic process, and its extent still remains to be seen. Past evidence teaches us that poverty reduction on its own will not do the job of eradicating hunger, nor will only increasing food production. The jury is still out, but doomsday predictions are not necessarily justified.     

Going out: China's food security from Southeast Asia

Abstract

China's new five-year plan recognised the looming insecurity in its agricultural sector. On the one hand, the country faces a diminishing arable land supply; on the other, a large population with rapidly increasing diets. Although large-scale trade and investment in this sector has been developing since the mid 1990s between China and a variety of African states, it is a relatively new addition to the more established China-Southeast Asian economic relationship. This article seeks to explore the impact that China's agricultural investments are having on two Southeast Asian countries – Indonesia and the Philippines – where there has been a marked increase in activities by Chinese firms in agricultural produce. The findings from these two case studies – and a series of smaller studies of the situation in other regional states – are used as a benchmark to clarify some of the consequences of China's agricultural investment from Southeast Asia for regional food security.     

Feeding finance: a critical account of the shifting relationships between finance,food and farming

Abstract

Whether in the form of commodity index funds, farmland investment funds or commodities trading by agri-food companies, there is evidence of an increasingly close relationship between finance, food and agriculture. While these developments have received some critical attention of late, existing accounts of the ‘financialization of food’ are limited to the extent that they view finance as an external force with emphasis placed on the unnaturalness of its relationship with agriculture and its distortive effects on agricultural markets. Recognizing that finance and agriculture have a long history, this paper offers a more nuanced account of the place of financialization in the agricultural sector. Specifically, it examines how agriculture's emergence as an investment opportunity has reconfigured the terrain of agricultural interests and logics while creating new knowledge demands and agricultural visibilities. These dynamics are explored through a case study of the role of finance and processes of financialization in the recent demise of the Canadian Wheat Board as a state marketing agency. Through this discussion, the paper offers valuable insights into not only the reworking of agriculture as a particular type of financial space, but also the nature and limits of financialization itself as a way of engaging with the world beyond urban financial centres.     

生产、销售不符合安全标准的食品罪的司法适用新论——以两高最新司法解释为视角

2013年5月2日,最高人民法院、最高人民检察院颁布的关于食品安全的司法解释对生产、销售不符合安全标准的食品罪进行了详细的规定,明确了本罪的入罪门槛,以仅设置下限不设置上限的罚金刑方式回应本罪谋利性本质,并且将本罪客观行为从“生产、销售”扩大至“加工、销售、运输、贮存”等环节,可谓以“横向到边、纵向到底”的方式全面规制生产、销售不符合安全标准的食品犯罪行为.然而,其仍未解决食品监管渎职罪规定笼统、入罪门槛模糊以及本罪共犯范围过宽的问题,并未做到宽严相济、宽严有度,实现对本罪的合理规制.     

论检察机关如何应对食品安全问题

检察机关在应对食品安全问题时,应建立健全行政执法与刑事司法衔接机制,严厉打击食品安全背后的职务犯罪,坚持快捕快诉,及时高效地打击食品安全犯罪,强化食品安全诉讼监督,维护司法公正,切实履行控申检察职能,积极防控食品安全群体性事件,积极面对社会公众,展现检察机关公信力和法律权威,同时加大对危害食品安全犯罪的调研力度。     

我国食品召回制度之缺陷与完善——兼评《食品召回管理规定》征求意见稿

《食品安全法》第53条确立了我国食品召回制度的法律地位,然而,从制度层面上看,尚存在法律体系不够完备,监管体制弊端明显,监管机制尚未理顺,召回体系有待细化等问题。因此,应从各方面予以完善。同时,新《食品召回管理规定》征求意见稿出台,本文兼做述评。     

Development of a DNA-based macroarray for the detection and identification of Amanita species

A DNA-based macroarray was designed to quickly and accurately identify certain Amanita mushroom specimens at the species level. The macroarray included probes for Amanita phalloides and Amanita ocreata, toxic species responsible for most mushroom poisonings, and Amanita lanei and Amanita velosa, edible species sometimes confused with toxic species, based on sequences of the highly variable internal transcribed spacer (ITS) region of rDNA. A cryptic species related to A. ocreata and one related to A. lanei, identifiable by ITS sequences, were also included. Specific multiple oligonucleotide probes were spotted onto nylon membranes and the optimal hybridization temperatures were determined. The Amanita DNA array was highly specific, sensitive (0.5 ng DNA/μL and higher were detected), and reproducible. In two case studies, the method proved useful when only small amounts of mushroom tissue remained after a suspected poisoning. An identification could be completed in 12 h.     

中国政府食品质量安全管理的分析框架及其治理体系

食品质量安全已成为中国政府和大众关注的焦点,对食品质量安全的管理成效不理想也成为政府治理的一大顽症。其原因在于政府缺乏一个全面、综合、动态的食品质量安全管理分析框架。所以建立在食品质量安全突发事件与食品质量安全风险、食品质量安全危机之间广泛联系、相互链接、动态发展基础之上的中国食品质量安全管理分析框架,对于中国食品质量安全管理就具有十分重要的理论和实践意义。运用此分析框架,构建食品质量安全风险管理、食品质量安全应急管理、食品质量安全危机管理三位一体的治理体系是中国政府对食品质量安全管理的根本之策。