Recently issued notice of the supreme people's procuratorate, require that the procuratorial organs at various levels shall earnestly carry out on May 1, the implementation of the "criminal law amendment (eight), focus on investigation of a state organ staff fails to perform and not earnestly perform their duties, practice favoritism, indulgence to produce fake and shoddy food, poisonous and harmful food seven categories such as food safety hazard of malfeasance crime.
From Sudan red, melamine, cooking oil and margarine, pretend to be gum propolis and so on, in recent years, frequent food safety events continuously stimulate the nerve of the people, food safety become the eternal pain in my heart. Behind many food safety accidents, we see the weakness and the absence of the regulation of food safety. In the "sanlu incident", because of the lack of regulation, the then director of the state administration of quality supervision, inspection and quarantine li changjiang, etc. Many officials to resign. However, in many food safety accidents, we are officials be held accountable.
A huge number of food production and processing enterprises are a diverse group, we can't completely the problem of food safety in enterprise. At this moment, need to the oversight of the department of state functions, the good food safety defence for the people. Throughout many food safety accidents, however, it is not difficult to find that the first found or disclosure table more security experts, media or related industry is in the industry, and the law enforcement inspection of food and beverage industry regulators often but always in hindsight, even when the "helpless". "Sanlu incident", for example, 22 companies producing milk powder is not at the moment, the danger of our baby by tainted milk powder is not built in a day, but has not been found, and regulators. This suggests that there was a problem in food safety supervision mechanism, functions as not let food safety regulation is almost useless. To ensure the safety of the people table, punishment alone catering enterprises is not enough, must keep failing supervision department staff into the punishment scope, along with all the heavy penalties for regulatory dereliction of duty personnel.
Heavy look up the meaning of food safety malfeasance crime is: on the one hand, is advantageous to the formation of food safety supervision departments and officials powerful deterrent. China's criminal law under the malfeasance crime, separate the divulging state secrets, selfish, separate malfeasance crime such as environmental protection supervision and dereliction of duty, purpose is to meet the needs of the reality, stepping up his efforts for certain types of crime. Will "food safety regulation of malpractice" singled out from the malfeasance crime, can be severely punished by law, to get the functional departments and officials to take responsibility, establish an effective food safety supervision mechanism, for the people a safe insurance on your kitchen table. On the other hand, increased for the food safety supervision malfeasance crime penalties. "Criminal law" the 397th regulation, national office working personnel of the malfeasance, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are especially serious, shall be sentenced to imprisonment of not more than three years but not more than seven years. And according to the provisions of the criminal law amendment (eight), make the food safety regulation of malpractice, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the consequences are especially serious, shall be sentenced to imprisonment of not more than five years but not more than ten years. Obviously, significantly increased the criminal law on food safety regulatory malfeasance crime crackdown.