食品安全刑事保护的完善
发布时间：2018-11-21 16:32
【摘要】：本文从刑法的出发点来讨论食品安全犯罪问题。刑法应该严厉打击日益严重的食品安全犯罪问题。然而,我国刑法在食品安全保护上略有不足,无论是在犯罪上的规定,还是在刑罚的设置上都存在问题,为法律的使用造成了很多不便。主要体现为罪名的归属上存在争议,食品安全犯罪侵害的是复杂客体,一是侵犯社会主义市场经济制度,二是侵犯了不特定多数人的身体健康,即公共安全。公共安全的法益对社会来说应该是第一位的,所以应将此罪归类为危害公共安全罪一章中。行为方式的囊括还是有不足之处,例如缺少“采购”等行为方式的问题。主观构成要件方面刑法只规定本罪为故意犯罪,造成过失犯本罪的无法处罚。在刑法设置上罚金刑的比例失调。虽然两高的司法解释改善了刑法在这一问题与食品安全法的衔接,但还需稍加改动。在刑罚设置上,食品安全犯罪的罚金刑范围过于宽泛,给法官的自由裁量空间过大,不符合罪行法定的要求,另外在设置种类上,没有规定召回制度,对于单位犯罪没收财产也应该适用,是否增加资格刑等等,本文都给出了些许建议。
[Abstract]:This article discusses the problem of food safety crime from the point of view of criminal law. The criminal law should crack down on the increasingly serious problem of food safety crime. However, the criminal law of our country has some deficiencies in the protection of food safety, whether in the provisions of crime or in the setting of penalties, which has caused a lot of inconvenience to the use of the law. The crime of food safety infringes on the complex object, one is against the socialist market economy system, the other is the violation of the health of many people, that is, public safety. The legal interests of public security should be the first in society, so this crime should be classified as the crime of endangering public safety. There are still shortcomings in the inclusion of behavior, such as the lack of behavior such as purchasing. In terms of subjective elements, the criminal law only stipulates that the crime is intentional, which results in the irpunishment of negligent crime. The proportion of fine penalty in criminal law is out of proportion. Although the two higher judicial interpretations have improved the connection between the criminal law and the food safety law, some changes are needed. In terms of penalty setting, the scope of fine for food safety crimes is too broad, giving judges too much discretion, which does not meet the statutory requirements of the crime. In addition, there is no recall system in terms of the type of establishment. For unit crime confiscation of property should also apply, whether to increase the qualification penalty and so on, this paper gives some suggestions.
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
本文编号：2347538
[Abstract]:This article discusses the problem of food safety crime from the point of view of criminal law. The criminal law should crack down on the increasingly serious problem of food safety crime. However, the criminal law of our country has some deficiencies in the protection of food safety, whether in the provisions of crime or in the setting of penalties, which has caused a lot of inconvenience to the use of the law. The crime of food safety infringes on the complex object, one is against the socialist market economy system, the other is the violation of the health of many people, that is, public safety. The legal interests of public security should be the first in society, so this crime should be classified as the crime of endangering public safety. There are still shortcomings in the inclusion of behavior, such as the lack of behavior such as purchasing. In terms of subjective elements, the criminal law only stipulates that the crime is intentional, which results in the irpunishment of negligent crime. The proportion of fine penalty in criminal law is out of proportion. Although the two higher judicial interpretations have improved the connection between the criminal law and the food safety law, some changes are needed. In terms of penalty setting, the scope of fine for food safety crimes is too broad, giving judges too much discretion, which does not meet the statutory requirements of the crime. In addition, there is no recall system in terms of the type of establishment. For unit crime confiscation of property should also apply, whether to increase the qualification penalty and so on, this paper gives some suggestions.
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
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