论食品卫生行政执法中不移送案件的刑事责任

Criminal responsibility of non-removed criminal cases in law enforcement of sanitation

食品卫生行政执法主体及时移送涉嫌犯罪的案件是保护食品安全的要求。故意不移送,情节严重的,则会构成徇私舞弊不移交刑事案件罪;负有追究责任的国家机关工作人员徇私舞弊,不履行法律规定的追究职责,情节严重的,则会构成放纵制售伪劣商品犯罪行为罪。

Administrative subjects for law enforcement of sanitation must remove the case that may be a criminal act, which is a request of protecting food safety, If they don＇t remove the Case on purpose, if the circumstances are serious, they will commit the Crime of Irregularities for Favoritism so as not to Remove Criminal Cases. Any functionary of a State organ who, being responsible for investigating the offences such as production and sale of fake or substandard commodities, engages in malpractices for personal gain and does not perform his duty of investigation as is required by law, if the circumstances are serious, will commit the Crime of giving free producing and marketing fake or substandard commodities.