摘要
我国食品药品安全形势严峻,一直以来我国刑法对于食品、药品犯罪采取重刑主义刑事政策,然而却未能发挥应有的遏制效果。这表明以法益侵害和责任主义为中心的刑法规制传统已不能对食品、药品犯罪全面、有效地遏制和预防。为进一步完善我国刑法对食品药品犯罪的规制,应扩大食品药品犯罪的外延涵盖,将帮助行为正犯化、增设持有型犯罪、完善食药监管渎职犯罪,这比单纯立法趋重更具现实意义。
Due to the severe situation of food and drug safety in China, China＇ s criminal law has long been a doctrine of severe punishment against food and drug crime. Both the Criminal Law of the PRC （1997） and the sub- sequent amendments have imposed heavier statutory punishments on food and drug crime, and the penalties have been further intensified. However, the failure to exert due effect demonstrates that the traditional criminal regula- tions centering on the legal rights infringement and responsibility are obviously not able to make comprehensive, ef- fective control and prevention against food and drug crime. For its further improvement in China＇ s criminal legisla- tion, as well as enhance the prevention and punishment effect, we must adopt extended extension of food and drug crime. Countermeasures such as viewing the collusion as a principal offender, adding possession of crimes, and perfecting supervision in food and drug crimes and in malfeasance crimes, which can solve unavoidable situations in criminal law. These are more practical than merely enacting legislation which ten
作者
马松建
潘照东
MA Songjian;PAN Zhaodong(School of Law,Zhengzhou University,Zhengzhou Henan 450001,China)
出处
《河南警察学院学报》
2018年第4期93-98,共6页
Journal of Henan Police College
关键词
食药犯罪
刑法应对
正犯化
持有型犯罪
渎职犯罪
food and drug crime
the criminal law countermeasures
a principal of crime
malfeasance crime ds to heavy penalties. offender - vision
possession
