药品监管渎职行为入罪化研究

Research on Inculpation of the Malfeasance of Drug Regulation

在层出不穷的药害事件背后,无一例外地都折射出药品监管问题。其中药品监管渎职行为具有严重社会危害性,它背离国家倡导的民生理念。基于对现代社会药品安全风险的考虑,以及政府公益行为的选择可能,将该行为单独成罪进行评价有其必要性与正当性。在立法上,应将药品监管渎职犯罪设置为抽象危险犯,以此回应药品安全的风险诉求。就刑罚而言,应对犯罪人适用罚金刑与资格刑,以期达到刑种的合理配置。

The endless injury events, without exception, are a relectionof drug regulatory issues. The malfeasance of drug regulation has serious harmfulness to society, and it deviates from the idea of the people＇s livelihood which is advocated by the state. The kind of behavior based on the legitimacy and necessity should be incriminated and evaluated separately, which considers drug safety risk in modern society and the selection of possibility of government public b,.b^lvior. In the legislation, in order to respond to the demands of drug safety risks, the crime of drug reg.httory malfeasance should be set to the abstract dangerous crime. In the penalty configuration, penalty punishment and qualification punishment should be applied to offenders, in order to achieve a reasonable configuration of mitigation.