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Original title: To promote drug counterfeiting Direct punishment is worth exploring
Clener, fake beef, fake seasonings, poison capsules ... In recent years, China's food and drug safety incidents occur from time to time, causing great harm to public health, people hate all kinds of food and drug fraud, the call for severe punishment of food and drug fraud is also rising. The act of food and drug counterfeiting, which endangers people's livelihood and well-being, is directly criminalized, and the embankment of food and drug safety is undoubtedly in line with the expectations of the people.
it should be affirmed that in recent years, through the introduction and revision of relevant laws and regulations, the establishment of food and drug crime investigation team, the integration of food safety regulatory departments and a series of effective measures, China's overall situation of food and drug safety has significantly improved.
However, as far as disciplinary efforts are concerned, the current Criminal Code provides for the starting point for adulteration in food products to be "50,000 yuan for sales" and "sufficient to cause serious food poisoning accidents or other serious food-related diseases". These provisions emphasize the "sales amount" and "behavioral consequences" of fraud, but ignore the subjective malignancy of offenders and criminal intent, and the serious social harm caused by their actions, not only difficult to reflect the principle of criminal responsibility and punishment, but also easy to become an excuse for offenders to evade punishment, at the same time, but also to the administrative law enforcement left "flexible space", resulting in the Criminal Law for food and drug fraud deterrent. It is for this reason that some outlaws have been fearless and risk-taking, repeatedly challenging the bottom line of the law on the issue of food and drug counterfeiting. And to promote food and drug fraud directly into the criminal, can be regarded as a serious situation of food and drug safety and governance dilemma of a positive response, is expected to eliminate the fraud of the lucky psychology. It should be said that the abolition of the starting point and the "direct punishment" of counterfeiting, not only reflects the determination of the regulatory authorities to severely punish food and drug counterfeiting, but also in line with the public's expectations of food and drug safety, it is worth exploring.