about the criminal code applies to the concept of crime endanger food security（关于刑法适用于危害食品安全犯罪的概念）.docVIP

About the Criminal Code applies to the concept of crime endanger food security [Abstract] endanger food security crime as a social concern, livelihood crime, judicial determination should adhere to the three concepts is necessary to adhere to the risk of criminal law philosophy, concerned about the real harm to the concern about the risk of conversion in specifically identified pay attention to the the subjective knowing the perpetrator as well as the risk of predictability review. should adhere to the Chief Criminal philosophy, focusing on the convergence of the administrative procedures and criminal procedures, proper understanding of the significance of supplementary specification endanger food security crime finds to adhere to the concept of limited criminal law make appropriate use of penal sanctions effect Note on in Zuiyufeizui distinction for judgment prior to the substance to determine, pay attention to this crime and other crimes distinguish objective judgment prior to the subjective judgment. [Words] endanger food security offenses, the risk of criminal law, administrative criminal law, a limited criminal law The ancients said: “Food.” Food safety accident-prone in recent years, again and again to torture the moral conscience of the community, but also the ability of criminal regulation a serious challenge. Organization of crime in order to rationally and effectively response, the legislature in a timely manner through an amendment of the law, to further improve China’s food safety system in the field of system laws alone is not sufficient, however, themselves, to truly achieve effective regulatory endanger food safety crimes, the most fundamental is that the judicial phase, in criminal law applicable to uphold the right idea, is the primary problem. A risk of criminal law concept Generally believed that the the traditional guilt of criminal law penalties legitimacy that the physical damage caused by the acts of the legal interests Howe