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我国虽然对食品安全在刑法及附属刑法领域进行了规范,但在风险社会理念的预防性方面体现不足,并且尚存在食品安全犯罪定位不准确、刑法规范与《食品安全法》等相关法律衔接不足、不安全食品持有者或储存者的刑事责任缺失、不符合安全标准的食品与有毒、有害食品的区分困难等几点缺陷,我们需要从风险社会理念出发,适当增加过失的、不作为型食品安全犯罪、适当处罚食品安全犯罪的预备行为,以及适当惩处持有型食品安全犯罪类型,将食品安全犯罪扼杀于萌芽阶段,更好地提供相对安全的食品环境。
Although our country has standardized the food safety in the criminal law and the accessory criminal law, it lacks in the precautionary aspect of the concept of risk society. In addition, the positioning of the crime of food safety is not accurate. The criminal law standard and the Food Safety Law and other related laws are not enough , The lack of criminal responsibility of unsafe food holders or depositors, the difficulty of distinguishing between non-conforming food and poisonous and harmful food, etc. We need to start from the concept of risk society and appropriately increase the negligence, Food safety crime, the proper behavior of preparing food crime crime prevention, and properly punishing the types of crimes held in food safety, stifle food safety crime in its infancy and better provide a relatively safe food environment.