Punishment of food safety crimes must be strengthened

â–¡ Lu Yongfeng

Bao Jiake, deputy chairman of the National People's Congress and the Guizhou Provincial Committee of the Revolutionary Party Committee of the Communist Party of China, recently suggested that the criminal law system for food safety crimes should be adjusted to include it in Chapter II of the Criminal Code, "Crime to Public Safety." At the same time, he also suggested that death penalty can be applied to food crimes that seriously endanger public safety and cause serious consequences. This is also the fifth year Bao Jiake put forward relevant proposals and proposals on food safety issues at the National People's Congress.

For food safety, repeated treatment is not only an indisputable fact. In accordance with established practice, the supervision and punishment of the problem of food production and management behavior, most places only impose administrative penalties on their violations, and the punishment is mainly based on economic forms. Obviously, such penalties are prone to forming a vicious circle of stoppages, missed investigations, and rebounds. They cannot fundamentally eliminate illegal activities.

In addition, in accordance with regulatory regulations, in addition to the initial quality inspection of food production companies, the quality of their products should also be tested in production from time to time. However, in practice, routine testing often fluctuates in form, and even payment is not detected. This inevitably leaves manufacturers with a sense of fortunes, food quality is good or bad, until the problem foods easily sneak into the market, harm consumers.

Article 143 of the Criminal Law stipulates that if foods that do not meet food safety standards are produced or sold to cause serious food poisoning accidents or other serious food-borne illnesses, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined.

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Which jeopardize Food Safety clearly stipulates that if foods that do not meet food safety standards are produced or sold, and they have related circumstances, they shall be deemed as Article 143 of the Criminal Law. The prescribed “enough to cause a serious food poisoning accident or other serious food-borne illness” is punishable by imprisonment or criminal detention of less than three years and a fine. The judicial interpretation clearly reflects the attitude of punishing the illegally produced and sold food that does not meet the food safety standards. Therefore, severe punishment of problem foods, rule of law thinking can not be missing. In other words, severely punishing foods in question, in addition to credit disciplinary action, must also be convicted of punishment pursuant to law.

At present, the methods of food safety violations and crimes continue to innovate, the means are more subtle, and some are sold through the Internet and express delivery. The nature of criminal cases is increasingly difficult to determine. The judicial interpretation further clarified the conviction and sentencing standards for food safety related crimes, and woven a strict criminal law network for punishing crimes according to law. To punish food safety crimes, as long as market supervision, administrative enforcement, and other law enforcement agencies jointly enforce the law, remove the environmental conditions that breed food safety crimes from the source, and convict criminal punishment according to law, it should not be a difficult task to do everything in their power.

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