我国食品安全犯罪刑事立法政策反思

通过梳理我国关于食品安全刑事法律规范、国家机关有关打击食品安全犯罪的文件、立法实践活动,提炼出我国食品安全犯罪化、重刑化的刑事立法政策.在此基础上,反思我国食品安全犯罪刑事立法政策在定罪政策与制刑政策方面的缺陷,进而对我国食品安全刑事立法政策应然方向进行了展望.希望最终做到:以宽严相济的刑事政策为基本导向,注重法益保护与人权保障的平衡,从“厉而不严”走向“严而不厉”,坚持特定时期的犯罪化、重刑化,并以非犯罪化、轻刑化为最终的发展目标.

Reflections on the Criminal Legislation of Food Safety Crime in China

Through combing the criminal law and regulations on food safety, the related documents and files on cracking down food safety crime and the legislative activities in our country, the criminal legislation of criminalization and severity in penalty is extracted. On this basis, its defects in conviction and punishment are discussed. Finally, some prospect for its future improvement is proposed. We hope to achieve the following aim in China＇s food safety criminal legislation in the future： with the criminal policy of combination of punishment and leniency as basic guide, and giving priority to the balance between protection of the interests of the law and that of human rights, it develops from ＂severe but not rigorous＂ to ＂rigorous but not severe＂ and adheres to criminalization and severe punishment at particular time, with the non - criminalization and light punishment as its ultimate goal.