论食品监管渎职罪的司法认定.docVIP

Abstract In recent years, Chinas food safety accidents occur repeatedly, there are a variety of causes of food safety accidents, one important reason is that food regulators malfeasance.In order to more effective against food safety in the field of malfeasance crime, criminal law amendment eight it singled out from the ordinary malfeasance.But because food soon set up regulation of malpractice, food regulation of malpractice of the cognizance of this crime in the judicial practice there are differences.In this paper, the food regulation of malpractice existing in the judicial cognizance of difficult or controversial issues were discussed, so as to provide the beneficial reference for the judicial practice. This paper mainly divided into the following three parts. The first part is put forward the problems existing in the judicial practice of food regulation of malpractice, from two cases in the judicial practice in the cognizance of controversy, which induces the dispute or difficult problems in the practice of this crime. The second part is the component elements of food regulation of malpractice dispute or difficult problem analysis. Firstly, subject to the characteristics of the crime and justice, how should adopt position rather than identity theory that claims this crime the main body, only responsible food regulatory role of the supervisor and the specific responsible persons to constitute this crime subject. And then discusses what is a major food safety accidents and other serious consequences, according to the related judicial interpretation in 2012 should be decided by ordinary malfeasance conviction standard this crime results. Also analyzes the causality of the crime should adopt a causal relationship between said combining specific situation analysis. The third part is the food contact related crimes and regulation of malpractice crime number.Food regulation of malpractice and abuse of power and dereliction of duty crime is a special law and common law