我国食品安全犯罪刑事政策研究

我国《刑法修正案(八)》对食品安全领域的犯罪分别从严密法网和严厉处罚两方面进行了一定调整,但在实际的刑事司法、刑事执法过程中,由于难以操作、缺乏协调等原因,大大降低了食品安全犯罪人被惩罚的概率。针对食品安全领域的犯罪,应坚持贯彻"宽严相济,以严为主"的刑事政策,并适当地引入严格刑事责任理念。

On Criminal Policy of Food Safety Crime in China

Although the regulation in The Amendment VIII to the Criminal Law of the People’s Republic of China has been adjusted to ensure tighter justice and stricter punishment in the field of food security, the punishment chances in food security criminals are largely lowered during exercising criminal justice and enforcing criminal laws due to the difficulty in operation and lack of coordination as well as other reasons, and led to inefficiency in preventing and curbing food safety crimes. Based on the consideration of decreasing food safety crimes, the policy of ‘handling crimes both strictly and loosely while mainly being strict’ should be established, and proper introduction in the concept of strict criminal liability is necessary.