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近年来,我国药品安全事故频发,药品安全形势严峻。在我国药品犯罪的刑事立法进程中,药品安全的刑法保护逐步得到加强。但是,在风险社会的视野下,我国药品犯罪的刑事立法存在前置保护力度过大、刑事法网粗疏、刑事处罚不完善等立法缺陷。我国刑事立法在注重药品犯罪积极预防的同时也应该注重立法上的限缩:进一步严密刑事法网,加强刑法对药品生产到销售各个环节犯罪的打击力度,增加过失犯罪;完善刑事处罚,协调行政法和刑法的相关规定,以便更好加强对药品安全的保护。
In recent years, frequent drug safety accidents in our country have made the situation of drug safety severe. In the criminal legislation process of drug crime in our country, the criminal law protection of drug safety has been gradually strengthened. However, in the perspective of risk society, the criminal legislation of drug crime in our country is characterized by excessive pre-protection, loose criminal law network and imperfect criminal punishment. At the same time, criminal legislation in our country should focus on the active prevention of drug offenses, and at the same time it should pay attention to the restriction of legislation: further tightening the criminal law network, strengthening the crackdown of criminal law on crimes in all aspects of drug production and sales, and increasing the crime of negligence; perfecting criminal punishment and coordinating administrative law And the relevant provisions of the criminal law in order to better strengthen the protection of drug safety.