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Original title: Food safety as soon as possible to grow "criminal" teeth
Recently, a source in the entertainment industry news, quite attention - there are media exposure Baobel in Harbin opened a hot pot shop using fake duck blood. During the covert visit, the hot pot shop attendant said that the sale of "duck blood" are airlifted from Sichuan, "one day to", the result of a drop of duck blood is not. Under the pressure of public opinion, Baubel tweeted an apology and will take full responsibility.
because he's an entertainment star, plus catching up with the 315", there's a reason Baubel's fake duck blood is being roasted more by the public. But Mr Baubel may not be fully aware of the severity of the fake duck blood incident, claiming he is "willing to take full responsibility". But if the consequences of liability were to be compared to direct punishment, could he still be so "lifting weights"?
this is not unprovoked speculation. On March 17, the relevant person in charge of the Public Security Bureau of the Ministry of Public Security said that it would further strengthen the criminal crackdown, actively work with relevant departments to promote the direct punishment of food fraud, improve the judicial interpretation of the fight against food and drug crimes, and give full play to the deterrent effect of criminal law. Among them, "food fraud directly into the criminal" such a description, so that the public see that the field of food safety has a more rigid legal network weaving. And the use of criminal law as a last resort, to food safety issues to carry out more detailed regulation, and fraud this despicable illegal act put forward separately, is to put an end to the after-the-fact "pretending innocent" "apostrophe relationship." This increase in operaability not only reinforces the public's sense of food safety.
and "food fraud directly into the penalty" keyword, also appears in the top-level design of high-rise housing construction. On January 3, Zhang Gaoli, a member of the Standing Committee of the Political Bureau of the CPC Central Committee, Vice Premier of the State Council and Director of the Food Safety Committee of the State Council, presided over the fourth plenary meeting of the Food Safety Committee of the State Council, pointing out that it is importance to improve the judicial interpretation of criminal cases against food safety, promote the direct punishment of adulterated fraud, and resolutely curb and combat illegal and criminal acts with the most severe punishments.
as a "last resort," criminal law has the function of ensuring the realization of other legal norms. As the context of "safeguard law", criminal law makes it both independent and bottom-up. It can be expected that when food safety issues are criminalization, and then the relevant incidents occur, in the procedures applicable to the law, should follow the principle of criminal priority. This absolute "plus code" in punishment, the deterrent to illegal elements, must be immediate.
Therefore, from the case of the Baubel fake duck blood incident, if in accordance with the relevant provisions of the current criminal law on food counterfeiting into the criminal law, it is necessary to reach "enough to cause serious food poisoning accidents or other serious food-based diseases" this step, it is clear that the responsible party is not enough to sentence. After the incident, Baubel claimed that "unknowingly", he is also a victim, the incident into the word Luo Shengmen, coupled with the lack of "food fraud directly into the criminalization" of legal support and punishment means, the end result is probably a fine plus suspension of the administrative punishment. And the low cost of such violations has always been criticized by the public.
, when food safety issues have a "acceleration" context, people expect it to "land" as early as possible, and grow teeth. Compared with the "skin pain" of administrative punishment, the "broken bone" of criminal punishment is even more daunting. However, at the time, considering the particularity of administrative law enforcement in the field of food safety, if food safety issues are "criminal", its content in legislation, how to connect and integrate with the Food Safety Law, are urgent problems to be solved. After all, legislation needs to be clear, or it will blur enforcement. In the field of food safety, which needs to be cleaned up with strong drugs, I hope the public will not wait too long.