食品安全犯罪的经济学分析
发布时间：2019-05-24 22:12
【摘要】：自60年代以来，芝加哥学派以科斯、波斯纳为代表的经济学家将法学的研究纳入经济学的视角，以经济学的理性分析为法学领域提供了新的思路，从此经济分析法学领域不断发展壮大，法经济学逐渐形成了完整的理论体系。这其中也包括对犯罪的研究。前辈学者们从经济学角度对犯罪的根源、犯罪的决策、犯罪的制裁等等，进行了新颖、深入的讨论。 本文所研究的食品安全犯罪问题正是从经济学角度对犯罪问题进行讨论的一个延续。笔者针对近几年层出不穷的食品安全犯罪，从对其经济学的本质讨论入手，围绕食品安全犯罪问题的成因、惩罚、威慑进行了经济学分析，并在从成本-收益分析及博弈分析和行为经济学等角度提出了相应的对策建议。 全文分三个部分。第一部分为绪论；第二部分是正文，包括第一章至第四章的内容；最后一部分是结束语。 绪论部分首先介绍了本文的研究背景，20世纪90年代至今，随着食品产业的繁荣，食品领域的安全问题逐渐凸显，且屡禁不止，本文立足于经济学视角探究这一问题的解决之道。文中对国内外有关食品安全和食品安全犯罪两方面的研究文献进行了综述分析，大致梳理了学界对这个问题的研究已取得的成果和不足。本文是基于经济学的视角对食品安全犯罪这一法律问题展开经济学式的探讨，主要采用规范分析的方法，以经济学的理论为标尺，以食品安全犯罪及其威慑为考察对象，进行衡量、分析，从而对食品安全犯罪的预防和最优制裁提出可能的建议和对策。所应用的经济学理论主要有：成本收益理论、博弈论、行为经济学的相关理论。 第二部分的正文对食品安全犯罪进行了全面分析。第一章对食品安全犯罪做了概述。食品安全犯罪是指违反我国法律规定，通过造假、掺杂等非法手段，生产、使用、销售有毒有害和假冒伪劣的初级农产品和各种加工食品、食品添加剂，存在对人体健康造成潜在或事实危害的犯罪行为。接着，通过一张中国食品安全问题形式图介绍了当前我国食品安全犯罪现状，并指出当前食品安全犯罪的特征：犯罪区域广、密度大，犯罪手段多样复杂，以及犯罪事故持续且易反复。文中还介绍了我国目前在行政和法律、法规两方面规制食品安全的有关制度安排。 第二章从经济学视角分析了食品安全犯罪的本质，食品安全犯罪是一种寻租行为，，其性质类似于企业通过特权或垄断优势寻求“租金”的活动，从这个意义上来说，食品安全犯罪可被视为一种超越正常市场的寻租行为。食品安全犯罪是一种强制性的产权转让，因为食品安全犯罪正是犯罪者利用自己的信息优势生产、销售有毒有害食品给不知情的其他商家直至消费者，规避了正常的交易市场，从消费者那里直接或间接掠取了超额利润。食品安全犯罪是一种对未来效用的贴现，犯罪者以其正常经营下能取得的持续报酬和商誉为对价，非法添加或生产有毒有害食品，以获取超越正常交易所能获取的利润的这一过程就是其将未来效用贴现的过程。文中还分析了食品安全犯罪的原因以及与其他学科对犯罪原因分析的对比，指出食品安全犯罪的经济学原因是犯罪的收益大于成本。 第三章对食品安全犯罪及惩罚进行经济学分析，通过补偿效用函数的三种情况说明民事补偿的有效性。文中还指出由于补偿难以估测以及保护不受侵犯的权利和威慑犯罪的需要对食品安全犯罪进行刑事制裁是必要的。同时指出威慑食品安全犯罪还要考虑效率问题，威慑的最优规模是当制裁食品安全犯罪的边际成本等于边际收益时，同时威慑的严厉程度在超过威慑拐点后，效果将变得十分有限。 第四章从经济学的三个角度，即成本-收益、博弈论、行为经济学，展开对威慑食品安全犯罪的对策讨论。成本—收益角度看，威慑食品安全犯罪要提高犯罪成本，通过提高民事补偿和加大刑罚力度提高食品安全犯罪的绝对成本，通过给予食品领域的合法经营以税收优惠来提高食品安全犯罪的相对成本；博弈论角度看，要保持较高的惩罚概率，因为在三方博弈的模型中，当惩罚概率降到50%以下时，选择犯罪将成为唯一的理性策略；行为经济学角度看，人类一般都具有乐观偏见，认为风险更不容易发生在自己身上，因此应通过有力法律宣传和道德风尚宣传打破潜在食品安全犯罪者的“乐观偏见”。 结束语部分，再次强调了当前食品安全问题的猖獗和解决这一问题所需要的系统性的制度安排。总之，任重道远，希望本文能对此略作贡献。
[Abstract]:Since the '60s, the Chicago School has taken the study of the law into the perspective of the economics from the economists represented by Cocos and Posner, and provides a new way of thinking to the field of law in the field of economics, from which the economic analysis of the field of law has been growing, Law economics has gradually formed a complete theoretical system. This also includes a study of the crime. Scholars have made a new and in-depth discussion from the point of view of economics to the origin of crime, the decision of crime, the sanction of crime and so on. The problem of food safety crime in this paper is a continuation of the discussion on the problem of crime from the angle of economics In the light of the food safety crime in recent years, the author starts from the discussion of the nature of its economics, and analyzes the causes, punishment and deterrence of the problem of food safety crime. The corresponding countermeasures are put forward from the aspects of cost-benefit analysis and game analysis and behavioral economics. . The full text is divided into three parts The first part is the introduction; the second part is the text, including the contents of the first chapter and the fourth chapter; the last part is the end The introduction part first introduces the research background of this paper. Since the 1990s, with the prosperity of the food industry, the security problems in the food field are becoming more and more prominent. The paper makes a review and analysis of the two aspects of food safety and food safety crime both at home and abroad, and then makes a general analysis of the achievements and achievements of the research on this problem in the academic field. The article is based on the perspective of economics to study the legal problem of food safety crime, mainly adopting the method of normative analysis, taking the theory of economics as a scale, taking food safety crime and its deterrence as the object of investigation, and measuring, Analysis of possible recommendations for prevention and optimal sanctions for food safety offences and The economics theories applied are: cost-benefit theory, game theory and behavioral economics. In the second part, the text of the second part has made a total of the food safety crime. Face analysis. The first chapter is to do the food safety crime. An overview is given. The food safety crime refers to the production, use, sale of toxic and harmful and fake and low-quality primary agricultural products and various processed foods and food additives through the illegal means such as fraud, doping and the like in violation of the laws of our country. The food safety crime is the crime of potential or fact-related harm to the health of the human body. Then, through a form of food safety in China, the present situation of food safety crime in China is introduced, and the characteristics of the current food safety crime are pointed out: the crime area is wide, the density is large, the crime means are various and complex, and the crime accident is continuous and This paper also introduces the related system of the regulation of food safety in the two aspects of administration and law and regulation in our country. The second chapter analyzes the essence of food safety crime from the perspective of economics. The food safety crime is a kind of rent-seeking behavior, which is similar to that of the enterprise seeking the "rent" through the advantage of privilege or monopoly. For example, food safety crime can be seen as a way to go beyond the normal market The food safety crime is a compulsory property transfer, because the food safety crime is that the offender uses its own information superiority to produce, sell the toxic and harmful food to other merchants without the knowledge, until the consumer, circumvents the normal The market, directly or indirectly, from the consumer. An excess of profit. A food safety crime is a discount for future utility, and the offender's continued and commercial consideration under its normal operation, the illegal addition or production of toxic substances The process of obtaining profits that go beyond the normal exchange is the process of applying the future utility The paper also analyzes the causes of the food safety crime and the comparison of the other subjects to the analysis of the crime, and points out that the economic reason of the food safety crime is the proceeds of the crime. The third chapter carries on the economic analysis of the food safety crime and the punishment, and explains the civil compensation by the three conditions of the compensation utility function The effectiveness of the compensation is also stated. It also points out that the need to make a criminal system for food safety crime due to the difficulty in estimating and protecting the rights to be inviolable and the need to deter crime It is necessary to cut it out. It also points out that deterrence food safety crime should also take into account the efficiency problem. The optimal scale of deterrence is that when the marginal cost of the sanction food safety crime is equal to the marginal income, the severity of the deterrence will change after the deterrent inflection point is exceeded. The fourth chapter is from the three aspects of economics, namely, cost-income, game theory, behavioral economics, and the development of the deterrent food safety. In view of the cost and profit, it is necessary to improve the cost of the crime, improve the absolute cost of the food safety crime by improving the civil compensation and increasing the penalty, and improve the food safety by giving the legal operation in the food field to the tax benefit. The relative cost of the crime is to keep the higher penalty probability from the game theory, because in the three-way game model, when the penalty probability falls below 50%, the choice of the crime will become the only rational strategy; in the view of the behavioral economics, the human generally There is an optimistic bias that the risk is less likely to take place on the part of itself, so it is necessary to promote the breaking of the "time-risk bias" of the potential food safety-offender by means of a strong legal advocacy and a moral fashion. . The end-language section again highlights the current problem of food safety and the system needed to address the problem General system arrangement. In short, there is a long way to go. I hope this article
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D917;F203
本文编号：2485229
[Abstract]:Since the '60s, the Chicago School has taken the study of the law into the perspective of the economics from the economists represented by Cocos and Posner, and provides a new way of thinking to the field of law in the field of economics, from which the economic analysis of the field of law has been growing, Law economics has gradually formed a complete theoretical system. This also includes a study of the crime. Scholars have made a new and in-depth discussion from the point of view of economics to the origin of crime, the decision of crime, the sanction of crime and so on. The problem of food safety crime in this paper is a continuation of the discussion on the problem of crime from the angle of economics In the light of the food safety crime in recent years, the author starts from the discussion of the nature of its economics, and analyzes the causes, punishment and deterrence of the problem of food safety crime. The corresponding countermeasures are put forward from the aspects of cost-benefit analysis and game analysis and behavioral economics. . The full text is divided into three parts The first part is the introduction; the second part is the text, including the contents of the first chapter and the fourth chapter; the last part is the end The introduction part first introduces the research background of this paper. Since the 1990s, with the prosperity of the food industry, the security problems in the food field are becoming more and more prominent. The paper makes a review and analysis of the two aspects of food safety and food safety crime both at home and abroad, and then makes a general analysis of the achievements and achievements of the research on this problem in the academic field. The article is based on the perspective of economics to study the legal problem of food safety crime, mainly adopting the method of normative analysis, taking the theory of economics as a scale, taking food safety crime and its deterrence as the object of investigation, and measuring, Analysis of possible recommendations for prevention and optimal sanctions for food safety offences and The economics theories applied are: cost-benefit theory, game theory and behavioral economics. In the second part, the text of the second part has made a total of the food safety crime. Face analysis. The first chapter is to do the food safety crime. An overview is given. The food safety crime refers to the production, use, sale of toxic and harmful and fake and low-quality primary agricultural products and various processed foods and food additives through the illegal means such as fraud, doping and the like in violation of the laws of our country. The food safety crime is the crime of potential or fact-related harm to the health of the human body. Then, through a form of food safety in China, the present situation of food safety crime in China is introduced, and the characteristics of the current food safety crime are pointed out: the crime area is wide, the density is large, the crime means are various and complex, and the crime accident is continuous and This paper also introduces the related system of the regulation of food safety in the two aspects of administration and law and regulation in our country. The second chapter analyzes the essence of food safety crime from the perspective of economics. The food safety crime is a kind of rent-seeking behavior, which is similar to that of the enterprise seeking the "rent" through the advantage of privilege or monopoly. For example, food safety crime can be seen as a way to go beyond the normal market The food safety crime is a compulsory property transfer, because the food safety crime is that the offender uses its own information superiority to produce, sell the toxic and harmful food to other merchants without the knowledge, until the consumer, circumvents the normal The market, directly or indirectly, from the consumer. An excess of profit. A food safety crime is a discount for future utility, and the offender's continued and commercial consideration under its normal operation, the illegal addition or production of toxic substances The process of obtaining profits that go beyond the normal exchange is the process of applying the future utility The paper also analyzes the causes of the food safety crime and the comparison of the other subjects to the analysis of the crime, and points out that the economic reason of the food safety crime is the proceeds of the crime. The third chapter carries on the economic analysis of the food safety crime and the punishment, and explains the civil compensation by the three conditions of the compensation utility function The effectiveness of the compensation is also stated. It also points out that the need to make a criminal system for food safety crime due to the difficulty in estimating and protecting the rights to be inviolable and the need to deter crime It is necessary to cut it out. It also points out that deterrence food safety crime should also take into account the efficiency problem. The optimal scale of deterrence is that when the marginal cost of the sanction food safety crime is equal to the marginal income, the severity of the deterrence will change after the deterrent inflection point is exceeded. The fourth chapter is from the three aspects of economics, namely, cost-income, game theory, behavioral economics, and the development of the deterrent food safety. In view of the cost and profit, it is necessary to improve the cost of the crime, improve the absolute cost of the food safety crime by improving the civil compensation and increasing the penalty, and improve the food safety by giving the legal operation in the food field to the tax benefit. The relative cost of the crime is to keep the higher penalty probability from the game theory, because in the three-way game model, when the penalty probability falls below 50%, the choice of the crime will become the only rational strategy; in the view of the behavioral economics, the human generally There is an optimistic bias that the risk is less likely to take place on the part of itself, so it is necessary to promote the breaking of the "time-risk bias" of the potential food safety-offender by means of a strong legal advocacy and a moral fashion. . The end-language section again highlights the current problem of food safety and the system needed to address the problem General system arrangement. In short, there is a long way to go. I hope this article
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D917;F203
【引证文献】
相关硕士学位论文 前1条
1 刘凯;我国食品安全的法律保障机制研究[D];西南交通大学;2012年
本文编号：2485229
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