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面对严峻的食品安全问题,国人寄希望于刑法对食品安全的强势介入。然而,刑法作为二次法,其作用在于保障以食品安全法为核心的行政法规的有效实施。为了更好地发挥刑法的这一作用,应当尝试在《食品安全法》直接规定具有罪状和法定刑的附属刑法,实现中国刑事立法模式的一个新转变。
In the face of the harsh food safety issue, people in the country pin their hopes on the strong intervention in the criminal law on food safety. However, the criminal law, as a secondary law, has the function of guaranteeing the effective implementation of the administrative laws and regulations centered on the food safety law. In order to give full play to this role of criminal law, we should try to directly stipulate the subsidiary criminal law with guilt and legal punishment in the “Food Safety Law” and realize a new change in the criminal legislation model in China.