论我国危害食品与药品安全犯罪的刑事政策

The Criminal Policies against the Crimes Endangering Food and Drug Safety in China

针对食品与药品安全问题,虽然我国已经制定了很多相关的法律法规,但危害我国食品与药品安全的犯罪行为却屡禁不止,严重影响人民群众的利益与身体健康,并对我国社会的稳定发展产生一定的负面影响。通过分析我国《刑法修正案(八)》中食品与药品安全犯罪相关的刑事政策,提出加强食品与药品安全犯罪的风险控制,构建民生法益保护的框架;增强刑法相关法条之间的协调关系,落实民生保护的法律理念;完善资格刑,强调监管部门的刑事责任等完善我国危害食品与药品安全犯罪刑事政策的相关建议。

Although lots of laws and regulations have been made to protect food and drug safety in our country, crimes of endangering food and drug safety have been occurred repeatedly, which has damaged citizens′ interests and health seriously and thus impacted on the stability and development of the Chinese society. Criminal policies against the crimes endangering food and drug safety, especially ones made in the Amendment to the Criminal Law of the People＇s Republic of China （Eighth）, are analyzed. To perfect the policies against the crimes endangering food and drug safety in our country proposals are made： strengthening the risk control of food and drug safety so as to construct the law framework of protecting people＇s livelihood; improving the coordination between the articles of the criminal law so as to implement the concept of protecting people＇s livelihood by law; and completing the punishment against qualifications so as to emphasize the regulators′ criminal responsibility.