论文部分内容阅读
近年来,有关食品安全的问题频频见诸报端,食品已然成为中国人不可承受之重,食品安全犯罪问题也成为社会频繁关注的焦点。法律作为社会调整的手段之一,在这时却没有发挥出它应有的作用。我国自1995年出台《食品卫生法》以来,没有相关的司法解释也没有其他配套措施的辅助,导致《食品卫生法》在具体操作中出现很多问题,其滞后性愈发明显。本文拟从《食品安全法》和《刑法修正案(八)》制定的背景出发,着重探讨,《食品安全法》以及《刑法修正案(八)》在实际操作中的不足,力求对之提出有建设性的意见和建议。
In recent years, the issues concerning food safety have frequently appeared in the newspapers. Food has become unbearable to Chinese people. The issue of food safety has also become the focus of frequent public concern. Law as one of the means of social adjustment, but did not play its due role. Since China promulgated the “Food Sanitation Law” in 1995, there are no relevant judicial interpretations nor any other supporting measures. As a result, many problems have appeared in the specific operation of the Food Sanitation Law, and its lag has become increasingly evident. This article intends to discuss from the background of “Food Safety Law” and “Criminal Law Amendment (8)”, and focuses on the shortcomings of “Food Safety Law” and “Criminal Law Amendment (8)” in practice, Constructive comments and suggestions.