论食品监管渎职罪的立法完善与食品安全犯罪的遏制

On the Legislative Improvement of Crimes of Malfeasance of Food Supervision and Curbing the Crimes Related to Food Safety

食品监管渎职罪和受贿罪都是国家公职人员实施的职务犯罪,按两罪并罚处理不仅能体现刑罚公平,也是罪责刑相适应的要求。此外,对负有食品安全监管职责的国家工作人员明知生产者和销售者制售不符合安全标准的食品或有毒有害的食品而提供帮助的,按相应的共同犯罪论处;同时应贯彻刑罚必然性与刑罚及时原则,重视罚金刑和没收财产刑的适用,强化刑罚的消极预防与积极预防的整体效果,以有效遏制食品安全犯罪。

Both crimes of malfeasance of food supervision and crimes of bribe - taking are crimes committed by state functionaries by taking advantage of duty. Concurrent punishments should be given for both crimes, which not only demonstrates the justice of punishment but also is required by the principle of suiting punishment to duty and crime. State functionaries who have the duty of supervising food safety but offer help to the manufacturers or sellers manufacturing or selling harmful or poisonous food which do not meet food standards should be punished as offenders of joint crimes. To effectively control crimes related to food safety, the following should be done： carrying out the principles of necessary and timely punishment, applying pecuniary penalty and confiscation of property and strengthening both the proactive and passive preventing effect of punishments.