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《刑法修正案八》中的一大亮点是增设了一项新的罪名——食品监管渎职罪,该项罪名的设立有效地打击了针对食品安全领域的违法犯罪,保障了对食品安全的有效管理和监督,有利于维护和稳定社会生活秩序。为了深化理论基础、准确适用法律,有必要明确此罪的犯罪构成,明晰罪与非罪、此罪与彼罪的区别。这样既有利于完善理论研究,同时也有助于更好地引导具体的司法实践。但同时由于法律关于食品监管渎职罪的主体规定狭窄、主观方面规定不清、犯罪成立标准过高和刑种单一的不足,导致食品监管渎职罪不能很好惩罚犯罪。建议通过扩大犯罪主体范围、区分犯罪的故意与过失、增设罚金刑等来加以完善。
One of the highlights in the Amendment to the Criminal Law No. 8 is the addition of a new offense, the crime of food regulatory dereliction of duty, which effectively cracked down on crimes committed in the field of food safety and guaranteed effective food safety Management and supervision are conducive to maintaining and stabilizing social order. In order to deepen the theoretical foundation and accurately apply the law, it is necessary to make clear the composition of the crime of the crime, and to clarify the difference between the crime and the crime, the crime and the crime. This will not only help improve the theoretical research, but also help to better guide specific judicial practice. However, at the same time, due to the fact that the main provisions of the law on food regulatory dereliction of duty are not clear, the subjective aspects are unclear, the standards for the establishment of crimes are too high and the penalties are single, which leads to that the crime of food malpractice can not be punished well. The suggestion is to be perfected by expanding the scope of the main body of crime, distinguishing the intentionality and negligence of the crime, and increasing the fine penalty.