完善食品安全刑事责任立法的思考

On the Perfection of the Legislation on the Food Safety Criminal Responsibility

针对刑法对食品安全保护的缺失,提出应完善与食品安全预警制度、缺陷食品召回制度、食品许可证制度相应的刑事责任;对生产销售不符合国家质量标准的婴幼儿食品,并足以危害其身体健康和生命安全的,应独立设罪。

To counter the lack of criminal protection to the food safety, itg suggested to perfect the criminal responsibility system that corresponds to the food safety early warning system, the defective production recalling system and food permit system. The one who produces or sells the food for the infants and babies, which does not conform to the national quality standard and is degective enough to cause damage to the health and life, should be charged with independent crime.