严而不厉--_--比较法视野下我国食品安全犯罪的立法完善.pdfVIP

犯罪立法在刑罚配置上更为轻缓。这与储槐植教授所倡导的严而不厉刑法结构具 有内在契合性，可以为完善我国食品安全犯罪立法提供参考。 第三部分为我国食品安全犯罪立法的完善路径。在本部分中，针对我国食品 安全犯罪立法存在的诸多问题，本文认为应当借鉴域外国家的立法经验，结合我 国实际，以严而不厉刑法结构为总体思路对我国食品安全犯罪立法予以完善。其 中，法网严密主要包括三方面，即通过附属刑法的提倡、帮助行为正犯化以及主 观方面的修正严密刑事法网；刑罚的轻缓则包括两方面内容，即生命刑、自由刑 的轻缓化以及罚金制度的变革。并在此基础上提出完善食品安全犯罪的刑法修正 建议。 关键词：严而不厉；食品安全；比较法 2 Abstract With the rapid economic growth and the improvement of people ‟s living standard, food, which is closely related to peoples daily life, has drawn considerable attention. However, due to the deficiencies of China ‟s market economy, the food safety issue is very prominent. Facing the severe food safety environment, the criminal law should play an important role as the last line in protecting the social justice. Under such circumstance, the Amendment (VIII) to the Criminal Law of the People ‟s Republic of China has revised the crime of producing and selling the poisonous and harmful food and the crime of producing and selling food that does not meet the safety standards, trying to provide a more circumspect protection for food security. From the content and actual effect of the Amendment (VIII) to the Criminal Law, though the amendment of the Amendment (VIII) to the Criminal Law further expands the range of criminal law to combat acts that threaten food safety and to some extent it has some positive effects, from the point of the practice effects of judicial and the normative theory of criminal law, it still has many deficiencies waiting to be further improved. Hence, China ‟s criminal legislation of food safety should be based on normative theory of criminal law and learn rewarding experiences from other countries to provide more circumspect protection for food safety. In addition to the introduction a