我国危害食品安全犯罪刑法问题研究

发布时间：2018-05-21 01:06

本文选题：食品安全 + 规制　；参考：《广州大学》2017年硕士论文

【摘要】：民以食为天,食以安为先。为了有效监管食品安全,保证人的身体健康,各国除了重视从行政监管层面对食品安全进行规制,还重视从刑事处罚层面对食品安全进行规制。同时也要认识到,我国食品安全态势依然严峻,上至中央高层下至普通民众逐渐形成了“社会共治”和“重典治乱”的共识,特别是在“重典治乱”的措施和手段上,刑法发挥了依法从重打击犯罪的重要功能。在这期间无论是立法的推进、司法的适用等都有诸多问题需要探讨,也使得食品安全课题日益成为刑法理论界和刑法实务界关注的热点。本论题从刑法角度对我国危害食品安全犯罪的相关问题进行探讨。本文由引言、正文、结语组成,其中正文分为以下几大部分:第一部分介绍其概念和特征;第二部分为从立法规定、立法的价值取向和立法原则的角度对国外关于危害食品安全犯罪的法律规定进行简要评价;第三部分为从立法规定、立法的价值取向和立法原则的角度对我国进行简要评价;第四部分为对我国与国外主要国家相关立法规定进行比较,并探讨我国与国外立法比较与我国立法不足评价及借鉴;第五部分为分别对《刑法》涉及的三个危害食品安全犯罪的直接罪名的司法适用疑难问题和经典案例进行阐述和探讨;第六部分为完善惩处危害食品安全犯罪的思考,主要对《刑法》涉及的三个危害食品安全犯罪的直接罪名的立法问题进行了思考并提出完善的建议。总之本文通过对以上内容的探讨,以期更好地为我国食品安全法治建设出一分力。
[Abstract]:The people take food as the day, and food takes peace as the first. In order to effectively supervise food safety and guarantee the health of the guarantor, countries not only pay attention to the regulation of food safety from the administrative supervision level, but also attach importance to the regulation of food safety from the level of criminal punishment. At the same time, we should also realize that the situation of food safety in our country is still grim, and from the top to the bottom of the central level to the ordinary people, a consensus has been gradually formed on "social co-management" and "serious code to govern chaos", especially on the measures and means of "remedying chaos with heavy norms". Criminal law has played an important role in cracking down on crime according to law. During this period, there are many problems to be discussed, such as the promotion of legislation and the application of justice, which makes food safety a hot topic in criminal law theory and criminal law practice. From the angle of criminal law, this thesis probes into the related problems of food safety crime in China. This article is composed of introduction, text, conclusion, in which the text is divided into the following parts: the first part introduces its concept and characteristics, the second part is from the legislative provisions, The third part briefly evaluates our country from the angle of legislative regulation, legislative value orientation and legislative principle, and gives a brief evaluation of the foreign legal provisions on the crime of endangering food safety from the angle of legislative value orientation and legislative principle. The third part is the brief evaluation of our country from the angle of legislation stipulation, legislative value orientation and legislative principle. The fourth part is to compare the relevant legislative provisions between China and foreign countries, and to explore the comparison of legislation between China and foreign countries and the inadequate evaluation and reference of our legislation. The fifth part expounds and discusses the problems and classic cases of judicial application of the three direct charges against food safety crimes involved in the Criminal Law, and the sixth part is about how to perfect the punishment of crimes against food safety. This paper mainly discusses the legislation of three direct charges against food safety crimes involved in the Criminal Law and puts forward some perfect suggestions. In a word, through the discussion of the above contents, this paper hopes to make a contribution to the construction of food safety rule of law in our country.
【学位授予单位】：广州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3

【参考文献】