食品安全犯罪刑法指导理念的重置

Resetting the Guiding Philosophy of Criminal Law for Food Safety Crime

《刑法修正案(八)》基于风险刑法的理念对食品安全犯罪进行了修改,降低入罪的门槛,扩大惩处范围,加大惩罚力度,但我国食品安全形势并未好转,食品安全犯罪的发案率居高,现状堪忧。对当前食品安全犯罪的现状进行阐述,指出风险刑法指导理念的缺陷,提出以民生刑法作为食品安全犯罪的刑事指导理念,以期有效惩治危害食品安全的犯罪,保障民生安全。

Based on the risk criminal law concept,“Criminal Law Amendment VIII”has made some revisions for food safety crimes,reducing the conviction threshold,expanding the scope of punishment,increasing the intensity of punishment. But China＇s food safety has not improved and food safety crime has been at a high rate. This paper illustrated the current situation of food safety crimes,pointed out the deficiencies of the guiding ideology of the risk criminal law and proposed that people＇s livelihood criminal law should be the guiding ideology of food safety crimes in order to punish the food safety crimes and protect people＇s welfare.