民生刑法视域下危害食品安全犯罪的刑法规制研究

Research on Criminal Laws and Regulations of Food Safety System in View of People's Livelihood

我国食品安全问题依然严峻,刑法规制方面表现为理论研究不足、立法方面不完善。危害食品安全犯罪的刑法指导思想为民生刑法而非风险刑法,从民生刑法的视域分析,我国刑法在应对食品安全问题上表现为威慑力度不足、规制类型不全面,当前刑法任务应完善相关罪名、加大打击力度和范围、构建以犯罪主体为主线的刑法规制体系。

China’s food security situation is still grim, showing the lack of theoretical research and the imperfection of legislation in criminal law and regulation. The guiding ideology of criminal law in the food safety is people ’s livelihood criminal law but not risk criminal law. Based on the analysis of the criminal law from people’s livelihood perspective, we can find that China’s criminal law in dealing with food safety issues lacks of deterrence and the regulation types are not comprehensive, so the current tasks of criminal law are to perfect the related accusations, reinforce striking force and scope and construct the criminal system by taking the subject of crime as the main line.