2013年10月9日,江蘇連雲港地溝油案一審判決。這起備受關注的特大地溝油案的主犯王成奎因犯生產、銷售有毒有害食品罪,被判處無期徒刑,剝奪政治權利終身,沒收個人全部財產。這也是地溝油案件中量刑最重的一次。事實上,早在這起食品安全罪案抓住人們眼球前,今年6月,《食品安全法》的修訂已被列入2013年國務院立法規劃。正如國家食品藥品監督管理總局法制司司長徐景和所言,「加快建立起理念更加現代、價值更加和諧、制度更加健全、機制更加完善的食品安全法律制度已是時代發展和社會進步的迫切需要」。「民以食為天」。五千年歷史縱橫,形成了中國獨有的飲食文化。然而,瘦肉精、三聚氰胺等的曝光,卻讓國人的美味餐桌埋下隱患。當運用「重典」成為社會共識,當治理食品安全問題的集結號被高調吹響,新近出臺的司法解釋、量刑從重的典型案例和重拳出擊的專項行動無不堅定了人們對食品安全治理的信心。2010年9月,最高人民法院等4部門發佈通知,要求依法嚴懲危害食品安全的犯罪分子,與危害食品安全相關的職務犯罪分子一般不得適用緩刑,為從重處罰食品安全犯罪奠定了基礎。今年5月,最高人民法院和最高人民檢察院發佈《關於辦理危害食品安全刑事案件適用法律若干問題的解釋》,首次明確界定了生產、銷售不符合安全標準的食品罪和生產銷售有毒、有害食品罪的定罪量刑標準,迎來一片歡呼聲。事後追究的「重典」正在日臻完善,源頭治理環節中也應當建立起嚴格的法律制度。本期特邀請徐景和司長,著眼全局,從企業責任、政府責任、監管機制、社會共治、懲罰舉措等多個方面切入,全面闡述中國食品安全法律制度的完善和發展。 October 9, 2013, Jiangsu Lianyungang waste oil court case of first instance verdict. Wang Chengkui, the chief culprit in the highly-paid Giant Oil Cleaner and Oil Displacement case, was convicted of producing and selling poisonous and noxious foods, was sentenced to life imprisonment, deprived of his political rights for life and confiscated all the personal property. This is also the worst sentence in the case of cooking oil. In fact, as early as this food safety crime caught people’s attention, in June this year, the “Food Safety Law,” the amendment has been included in the legislative plan of the State Council in 2013. Just as Xu Jinghe, director of the legal department of the State Food and Drug Administration, said: “To speed up the establishment of a food safety legal system that is more modern in concept, more harmonious in value, has a more sound system and has a more complete system has become an urgent need for the development of the times and for social progress.” . “People live on their own’s food.” 5,000 years of history, formed a unique Chinese food culture. However, the lean melamine, melamine and other exposures, but allow people to lay down the delicious table hidden troubles. When using “Codex” as a social consensus, when the assembly code governing the issue of food safety has been sounded high, the newly introduced judicial interpretation, the typical cases of heavy sentencing and the special operations that have been attacked have all strengthened the people’s determination of the food safety confidence. In September 2010, the Supreme People’s Court and other four departments issued a circular calling for severely punishing criminals who endanger food safety according to law. Probation should not be applied in general to serving criminals involved in food safety and laid the foundation for severely punishing food safety crimes. In May this year, the Supreme People’s Court and the Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety, for the first time clearly defining the crime of producing and selling food that does not meet the safety standards and the crime of producing and selling toxic and harmful food The conviction sentencing standards, ushered in a cheer. The “code of truth” pursued afterwards is improving day by day, and a strict legal system should also be established in the source governance. In this issue, Xu Jinghe specially invited the director to look at the whole situation and make a comprehensive introduction to the improvement and development of the legal system of food safety in China from the aspects of corporate responsibility, government responsibility, regulatory mechanism, social co-governance and punitive measures.