食品、药品安全犯罪的资格刑配置研究

The Research on Punishment against Qualification of the Crime of Food Safety and Drug Safety

我国刑法并无对食品、药品安全犯罪的相应资格刑规定,而现行刑罚对此类犯罪的规制效果又十分有限。因此,基于必要性与合理性的考虑,有必要配置资格刑,以遏制食品、药品安全犯罪的多发趋势。在具体内容的设定上,应该设置匹配的资格刑类型;同时应将资格刑适用于单位犯罪主体;为避免资格刑的弊端,还应建立资格刑的复权制度。

Accordding to Chinese criminal law, there is no provisions on the punishment against qualification of the crime of food safety and drug safety, and the regulation effect of the current penalty for such crime is very limited. Therefore, based on the consideration of the necessity and rationality, it is necessary to set the punishment against qualification to contain the multiple trend of the crime of food safety and drug safety. In the specific content, the matching type of the punishment against qualification should be set up; the punishment against qualification should be applicable to the unit crime at the same; in order to avoid the drawbacks of the punishment against qualification, the rehabilitation system should also be established.