食品安全犯罪刑事政策:梳理、反思与重构

Combing、Reflection and Reconstruction of Criminal Policy of Food Safety Crime

面对日益严重的食品安全犯罪态势,行政规制手段控制此类社会失范行为的能力让民众普遍感到失望。在此背景下,刑事立法和司法层面的具体刑事政策从一开始就有着"从严"的趋势,呈现出重刑化倾向。然而,"从严"的刑事政策在社会实践中并没有收到明显的效果,这就需要从食品安全犯罪的原因、重刑化的刑罚效果及其实践方面认真予以反思。基于此,要想真正解决我国的食品安全问题,必须从食品安全犯罪的具体刑事政策、刑法和行政法规的无缝衔接、完善和转变政府监管制度与理念、加强企业自律,以及引导公众广泛参与等五个层面对我国食品安全犯罪刑事政策进行重构。

Facing the increasingly serious situation of food safety crime, the ability of controlling such social anomie by administrative regulation measures makes people feel disappointed. In this context, the specific criminal policy of criminal legislation and judicature has a ＂strict＂ trend from the beginning, and shows a tendency towards severe punishment. However, the ＂strict＂ criminal policy received unobvious effect in the social practice, and it needs to seriously reconsider on the reason of food safety crime, severe punishment＇s effects and practices. Based on these, if we want to solve the food safety issues in China, we must reconstruct our criminal policy on food safety crime through five levels： reconstructing specific criminal policy of food safety crime; realizing a seamless connection between the criminal law and administrative regulations; improving and transforming the system and ideas of government regulation; strengthening self--discipline of enterprises; guiding the wide public participation.