网络食品安全犯罪的刑法规制

Criminal law regulation of network food safety crime

在网络普及与物流业较快发展语境下,由于现行食品治理法律体系的不完善及治理能力的有待提升,食品安全领域的犯罪问题日益突出,即传统犯罪手段与新型犯罪手段相互交织、网络与物流犯罪相互融合、受害区域不断扩大和涉及的犯罪品种多样化,文章指出其原因是网络食品安全领域犯罪监管主体不明确、网络商家犯罪成本低、第三方平台监管责任不清晰,以及食品安全领域的犯罪证据取得困难。因此,应从增加食品安全犯罪调整对象、加大财产刑和资格刑的适用、加强各部门的配合和打击力度,以及推动刑事处罚与行政处罚密切配合等维度进行规制。

Under the background of the popularization of the network and the rapid development of the logistics industry,due to the imperfection of the current food governance legal system and the lack of the governance ability,the criminal problems in the field of food safety have become increasingly prominent.That is,the traditional means of crime and the new means of crime intertwined,the network and logistics crime converged, the victimized area was expanding and the variety of crime involved was diversified,the reason was that the subject of criminal supervision in the field of network food safety was not clear.The cost of online business crime is low,the responsibility of third party platform is not clear,and the evidence of crime in the field of food safety is difficult to obtain.Therefor,it needs to be regulated from the aspects of increasing the object of adjustment of food safety crime,increasing the application of property penalty and qualification penalty,strengthening the cooperation and crack-down of various departments,and promoting the close cooperation between criminal punishment and administrative punishment.