食品安全的犯罪控制
發(fā)布時(shí)間：2018-07-26 20:14
【摘要】：食品安全不僅是生產(chǎn)企業(yè)的問(wèn)題，更是一個(gè)社會(huì)問(wèn)題�，F(xiàn)階段我國(guó)食品安全犯罪頻發(fā)，給人們的身體健康和社會(huì)穩(wěn)定帶來(lái)嚴(yán)重影響，加強(qiáng)對(duì)食品安全犯罪的打擊和預(yù)防成為必要。2009年《食品安全法》將食品安全正式納入到社會(huì)安全的范疇，2013年國(guó)務(wù)院大部制機(jī)構(gòu)改革，其中重要的一項(xiàng)就是對(duì)食品安全監(jiān)管機(jī)構(gòu)的改革，這都充分顯示出我國(guó)政府治理食品市場(chǎng)、懲治食品安全犯罪的決心。我國(guó)目前對(duì)于食品安全犯罪的防控?zé)o論從理論到政策、從立法到司法，還是從體制到行政，都進(jìn)行了大量的探索，然而食品安全問(wèn)題依舊不容樂(lè)觀。本文在這一背景下，將犯罪控制的理論引入到食品安全領(lǐng)域，探討如何減少食品安全犯罪。這一立意基于兩點(diǎn)原因：一是犯罪可以被控制但不能被消滅的本質(zhì)；二是雖然目前在行政監(jiān)管和刑事立法上對(duì)于食品安全犯罪行為都有相關(guān)應(yīng)對(duì)之策，但均存在立法不完善和執(zhí)行不到位的問(wèn)題。本文依據(jù)德國(guó)著名法學(xué)家李斯特的“最好的社會(huì)政策是最好的刑事政策”的觀點(diǎn)，探索構(gòu)建一個(gè)以社會(huì)控制為首要選擇，法律控制為次級(jí)選擇的食品安全犯罪控制體系，以期實(shí)現(xiàn)對(duì)食品安全犯罪的全方位、最大化的控制。 本文共分三個(gè)章節(jié)： 第一章節(jié)介紹了作為犯罪學(xué)概念的食品安全犯罪及其現(xiàn)狀、犯罪控制理論及食品安全犯罪控制的可能性。犯罪學(xué)意義上的食品安全犯罪，系包含一切違反有關(guān)食品安全法規(guī)的行為，既包括刑法中規(guī)定的危害食品安全的犯罪行為，也包括其他有關(guān)食品安全規(guī)定的法律文件，如《食品安全法》中規(guī)定的危害食品安全的違法行為。基于犯罪可以控制但不可以被消滅的基本規(guī)律，犯罪控制就是一個(gè)國(guó)家和社會(huì)采用多種辦法減少或者消除導(dǎo)致犯罪發(fā)生的各種因素的系統(tǒng)工程。食品安全犯罪亦可以被控制，但需要一個(gè)漫長(zhǎng)的過(guò)程。 第二章介紹了食品安全犯罪控制體系及缺陷。根據(jù)“道德→第一次法（食品安全相關(guān)法律）→第二次法（刑法）”的犯罪化作業(yè)過(guò)濾機(jī)制，在“第一次法”中選擇對(duì)防范食品安全事件發(fā)生有著關(guān)鍵作用的“執(zhí)行”部門(mén)來(lái)進(jìn)行考察，重點(diǎn)探討了我國(guó)食品安全監(jiān)管體制及其存在的問(wèn)題；在“第二次法”中基于刑法的保障作用和刑罰的預(yù)防功能，，選擇以食品安全的刑事立法規(guī)制現(xiàn)狀及不足切入；最后，由于實(shí)現(xiàn)食品安全行政執(zhí)法與刑事司法的有效銜接，對(duì)于構(gòu)建嚴(yán)密的食品安全法網(wǎng)有著重要意義，因而重點(diǎn)討論了行政執(zhí)法與刑事司法銜接現(xiàn)狀及其存在的意義。 第三章從社會(huì)控制和法律控制兩方面重構(gòu)食品安全的犯罪控制體系。社會(huì)控制包括完善食品安全行政主體監(jiān)管、明確新聞媒體的輿論監(jiān)督權(quán)、加強(qiáng)社會(huì)公眾的監(jiān)督和被害預(yù)防和減少食品生產(chǎn)經(jīng)營(yíng)者的犯罪動(dòng)機(jī)；法律控制包括完善食品安全刑事立法和刑事司法。
[Abstract]:Food safety is not only a problem of production enterprises, but also a social problem. At this stage, the frequent occurrence of food safety crimes in China has seriously affected people's physical health and social stability. It is necessary to step up the fight against and prevention of food safety crimes. The 2009 Food Safety Law formally incorporated food safety into the scope of social security. One of the most important is the reform of the food safety supervision organization, which fully shows the determination of our government to govern the food market and punish the food safety crime. At present, the prevention and control of food safety crime in our country has carried on a great deal of exploration from theory to policy, from legislation to judicature, from system to administration, but the problem of food safety is still not optimistic. Under this background, this paper introduces the theory of crime control into the field of food safety and discusses how to reduce the crime of food safety. This idea is based on two reasons: first, the nature of a crime that can be controlled but not eliminated; and second, although there are relevant countermeasures for food safety crimes in administrative supervision and criminal legislation, However, there are problems of imperfect legislation and imperfect implementation. Based on the view that "the best social policy is the best criminal policy" put forward by the famous German jurist Liszt, this paper explores the construction of a food safety crime control system with social control as the primary choice and legal control as the secondary choice. In order to achieve the food safety crime in all directions, maximize control. This paper is divided into three chapters: the first chapter introduces the food safety crime as a concept of criminology and its present situation, the theory of crime control and the possibility of food safety crime control. Food safety crimes in the sense of criminology include all violations of relevant food safety laws and regulations, including criminal acts against food safety stipulated in the Criminal Law, as well as other legal documents relating to food safety provisions. As stipulated in the Food Safety Act, illegal acts endangering food safety. Based on the basic law that crime can be controlled but can not be eliminated, crime control is a systematic project in which a country and a society adopt a variety of methods to reduce or eliminate the various factors that lead to the occurrence of crime. Food safety crime can also be controlled, but it takes a long process. The second chapter introduces the food safety crime control system and defects. According to the filtration mechanism for criminalized operations of the first Act on Ethics (Food Safety related Law) and the second Act (Criminal Code), In the first Law, select the "executive" department, which plays a key role in preventing food safety incidents, and focus on the food safety supervision system and its existing problems in China. In the second Law, based on the safeguard function of criminal law and the preventive function of penalty, the author chooses the current situation and deficiency of criminal legislation regulation of food safety. Finally, because of realizing the effective link between administrative law enforcement of food safety and criminal justice, It is of great significance to construct a strict network of food safety law, so the paper mainly discusses the current situation of the connection between administrative law enforcement and criminal justice and its existence significance. The third chapter reconstructs the crime control system of food safety from two aspects: social control and legal control. Social control includes perfecting the supervision of the administrative body of food safety, clarifying the right of public opinion supervision of the news media, strengthening the supervision of the public and preventing and reducing the criminal motive of the food producers and operators; Legal control includes improving food safety criminal legislation and criminal justice.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2014
【分類(lèi)號(hào)】：D924.3
本文編號(hào)：2147162
[Abstract]:Food safety is not only a problem of production enterprises, but also a social problem. At this stage, the frequent occurrence of food safety crimes in China has seriously affected people's physical health and social stability. It is necessary to step up the fight against and prevention of food safety crimes. The 2009 Food Safety Law formally incorporated food safety into the scope of social security. One of the most important is the reform of the food safety supervision organization, which fully shows the determination of our government to govern the food market and punish the food safety crime. At present, the prevention and control of food safety crime in our country has carried on a great deal of exploration from theory to policy, from legislation to judicature, from system to administration, but the problem of food safety is still not optimistic. Under this background, this paper introduces the theory of crime control into the field of food safety and discusses how to reduce the crime of food safety. This idea is based on two reasons: first, the nature of a crime that can be controlled but not eliminated; and second, although there are relevant countermeasures for food safety crimes in administrative supervision and criminal legislation, However, there are problems of imperfect legislation and imperfect implementation. Based on the view that "the best social policy is the best criminal policy" put forward by the famous German jurist Liszt, this paper explores the construction of a food safety crime control system with social control as the primary choice and legal control as the secondary choice. In order to achieve the food safety crime in all directions, maximize control. This paper is divided into three chapters: the first chapter introduces the food safety crime as a concept of criminology and its present situation, the theory of crime control and the possibility of food safety crime control. Food safety crimes in the sense of criminology include all violations of relevant food safety laws and regulations, including criminal acts against food safety stipulated in the Criminal Law, as well as other legal documents relating to food safety provisions. As stipulated in the Food Safety Act, illegal acts endangering food safety. Based on the basic law that crime can be controlled but can not be eliminated, crime control is a systematic project in which a country and a society adopt a variety of methods to reduce or eliminate the various factors that lead to the occurrence of crime. Food safety crime can also be controlled, but it takes a long process. The second chapter introduces the food safety crime control system and defects. According to the filtration mechanism for criminalized operations of the first Act on Ethics (Food Safety related Law) and the second Act (Criminal Code), In the first Law, select the "executive" department, which plays a key role in preventing food safety incidents, and focus on the food safety supervision system and its existing problems in China. In the second Law, based on the safeguard function of criminal law and the preventive function of penalty, the author chooses the current situation and deficiency of criminal legislation regulation of food safety. Finally, because of realizing the effective link between administrative law enforcement of food safety and criminal justice, It is of great significance to construct a strict network of food safety law, so the paper mainly discusses the current situation of the connection between administrative law enforcement and criminal justice and its existence significance. The third chapter reconstructs the crime control system of food safety from two aspects: social control and legal control. Social control includes perfecting the supervision of the administrative body of food safety, clarifying the right of public opinion supervision of the news media, strengthening the supervision of the public and preventing and reducing the criminal motive of the food producers and operators; Legal control includes improving food safety criminal legislation and criminal justice.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2014
【分類(lèi)號(hào)】：D924.3
【參考文獻(xiàn)】
相關(guān)期刊論文 前4條
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本文編號(hào)：2147162
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