我国食品安全犯罪刑法规制之瑕疵及其完善路径

On the Defection and Perfection in the Regulation of China's Criminal Law against Food Safety Crime

当前,食品安全犯罪已经成为影响民生的重大问题。虽然经过30多年的发展,我国对食品安全犯罪的刑法规制已日渐完备,但是,现行食品安全犯罪的刑法规制仍然存在许多瑕疵。要合理地组织对食品安全犯罪的刑法反应,建构严密的刑事法网乃是当务之急。其路径主要可以从协调《刑法》与《食品安全法》之间的关系以及刑法自身的完善两个方面入手。

At present, the food safety crime has become a major problem affecting people＇ s livelihood. After 30 years of develepment, China＇ s criminal law on food safety has become increasingly complete system. However, lost of flaws exists in current China＇ s criminal law against food safety crime. It＇ s on the top of the agenda to construct accordingly strict criminal regulation. It can be achieved mainly from the following two aspects. One is to coordinate the relationship between criminal law and food safety law. The other is to improve the criminal law.