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社会经济的快速发展,促进了人们生活水平的提高,但同时也面临着更加严峻的食品安全形势。基于此,中国在《刑法修正案(八)》对食品安全犯罪按照风险刑法的理念进行了修正,进而扩大了惩处范围以及惩罚力度,但在实际实行过程中,发现食品安全犯罪并未由此减少,严峻形势并未得到缓解。结合实际情况,在分析食品安全犯罪的基础上,提出了刑事指导理念应以民生刑法为主,以期可以有效降低食品安全犯罪率,为保证社会主义和谐发展贡献自己的一份力量。
The rapid socio-economic development has promoted the improvement of people’s living standards, but at the same time it is also facing a more serious food security situation. Based on this, China amends the criminal law of food safety according to the concept of risk criminal law in “Amending the Criminal Law (VIII)”, thus expanding the scope of punishment and punishing efforts. However, in the actual implementation process, food safety crimes have not been found to be caused by this Reduce the grim situation has not been eased. On the basis of analyzing the actual situation, on the basis of analyzing the crime of food safety, it puts forward that the concept of criminal guidance should be based on the criminal law of livelihood, with a view to effectively reducing the crime rate of food safety and contributing to the harmonious development of socialism.