中国食品安全领域行刑衔接问题研究

Research on the System between Administrative and Criminal Interface in the Field of Food Safety in China

食品安全领域行刑衔接工作不畅是不利于食品安全保障的关注重点和实践难题之一。通过对该领域法律规范、政策规定以及衔接机构变化的梳理,发现其对既往问题做出了相应的回应,放宽了移送标准,更重视反向移送,加强了监督检查。但这些变化也存在着一定问题,放宽移送标准但规定仍不细致、提及反向移送但关注仍不充分、加强监督检查但实际仍有不足。对于此,可以采取细化移送规定、重视反向移送和强化监督检查等措施来顺畅食品安全领域行刑衔接工作,保障食品安全。

The poor connection between administrative and criminal interface in the field of food safety is one of the focuses and practical problems that is not conducive to food safety assurance. By sorting out the legal norms,policy regulations and changes in the connecting institutions in this field, it is found that they have responded to previous problems, relaxed the transfer standards, paid more attention to reverse transfer, and strengthened supervision and inspection. However, these changes also have certain problems. The transfer standards are relaxed but the regulations are still not detailed, the reverse transfer is mentioned but the attention is still insufficient, and the supervision and inspection are strengthened but there are still deficiencies in practice. In this regard, measures such as refining transfer regulations, emphasizing reverse transfer, and strengthening supervision and inspection can be taken to smooth the connection between administrative and criminal interface in the field of food safety and ensure food safety.