Punishing too lightly if take totally ineffective measures the food security troublemaker does not fear

Punishing too lightly if take totally ineffective measures the food security troublemaker does not fear
"Influence three of the whole country to gather cyanogen amine milk power at the end of last year and the beginning of this year, what we discovered and seized while handling a case is suspected of being involved in several dozen tons and three prime culprits who gathers the cyanogen amine question milk power of production and sales, only sentenced the fixed-term imprisonment to for three years finally, and reprieve for three years. Such attack is not enough to frighten the crime, it is not enough to prevent the continuation of this kind of criminal offence from taking place either. " At 29 the intersection of solar eclipse and the intersection of product and safe governed by law the intersection of research institution and inaugural meeting, the intersection of Ministry of Public Security and the intersection of public security and Xu Shanghai so comment, Deputy Bureau Director of office. (" The Beijing News " of August 30)
The public security department is in tracking down one dairy products Co., Ltd. of Tianjin and producing and producing and selling the poisonous harmful food, when the personnel in charge of the case are gone to arrest its high tube, the high tube talks to relatives in front of personnel in charge of the case, don't be afraid, the punishment that is sentenced to three years' imprisonment at most. Under the circumstances that the poisonous milk power brings the stimuli of illegal interests, " fixed-term imprisonment of three years " As to troublemaker already been " A dish of pickles " .
The food security question including poisonous milk power appears again and again, no matter among the workshops or official side, as to in the food security question " Devote more efforts to punishing " Voice can be heard without end. Devote more efforts to punishing, not merely mean strengthening economical punishment, mean even more the troublemaker related to food security question should receive the severe law to punish. The expert thinks, the clause about ensuring the food security of current criminal law has the following that treats the improvement: First, criminal law relevant clauses and " food safety laws " issued newly are inconsistent, especially on the illegal subject of crime. The new illegal subject of " food safety law " includes every link personnel and supervisor of producing, selling, processing, packing, transporting, storing, consuming etc., the subject of crime of criminal law only involves producing, sales force, cause it to store poisonously, is harmful to the food when serious illegal personnel deal withing, there is no criminal law basis; Second, criminal law, about placing the standard on file too high of food security, and difficult to assert. " the criminal law " stipulate, sell amount of money deal with in 50,000 criminal offence of the above, but it is very difficult to sell the amount of money in practice to fix. Because some illegal activities have been discovered and seized in the production ink, there are some small workshops, small enterprise accounts in a complete mess, it is unable to check that sell the amount of money at all; Third, the extent for measurement of punishment is too extensive, and punishment way is mostly to punish gold only, and does not make criminal punishment.
Because there is such legal loophole, food security troublemakers do not fear the majesty of the law. Since the fixed-term imprisonment even in short three years reprieves, so relevant related laws and regulations should be further improved, wear the urgent hoop for troublemakers. When the law can really deter to troublemaker of those food security, may reinvent the confidence to the food security.
In China, departments which supervises the food security question are many, the beginning of this year, the country has also specially established the food security council to supervise and implement the supervision responsibility of the food security. Nowadays, the lofty tone of research institution governed by law of the food security appeared, but not know whether the establishment of this organization could contribute to strengthening the punishment to the food security troublemaker. Should propose revising the deficiency of ensuring the clause of food security in criminal law at least? We are hearty to expect.
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