Severely punish crimes endangering food safety and never let go of an "accomplice"
2022-01-04
On December 31, 2021, the Supreme People's court and the Supreme People's Procuratorate held a press conference to jointly issue the newly revised interpretation on Several Issues concerning the application of law in handling criminal cases of food safety crimes (hereinafter referred to as the interpretation). The interpretation strengthens the food safety protection for minors, the elderly and other groups, and defines the qualitative and punishment standards of water injection and drug injection cases in the links related to livestock and poultry slaughter, reflecting the policy guidance of strict punishment. In recent years, China's food safety situation is generally stable and good, but food safety violations and crimes still occur from time to time. By improving the conviction and sentencing standards for crimes related to endangering food safety, the interpretation further tightens the criminal law network for punishing crimes related to endangering food safety according to law, provides a clear legal basis for cracking down on related crimes, and reflects the judicial organs' adherence to people-centered, Promote the political consciousness and legal consciousness of the modernization of food safety management system and management ability by means of the rule of law. Throughout the full text of the interpretation, there are many highlights, one of which is that it not only resolutely lights the sword for the "culprit" of the crime endangering food safety, but also increases the punishment of the "accomplice". For example, the interpretation lists four acts of illegally providing help knowing that others produce and sell food that does not meet food safety standards, toxic and harmful food. For example, "those who provide funds, loans, account numbers, invoices, certificates and licenses", "those who provide production and business sites or convenient conditions such as transportation, storage, storage, mailing and sales channels" and "those who provide advertising" have set up bottom-up provisions, clearly punish accomplices as accomplices, strive to increase the cost of illegal crimes and severely punish accomplices, It has strong pertinence and guidance. Facing the increasingly stringent regulatory environment, some criminal chains endangering food safety have also been transferred from offline to online. Driven by interests, criminals use the Internet as the media to act as different "roles" to form a "community of interests" for the illegal production and operation of food, collude with each other and harm innocent consumers. The interpretation sets the bottom line of the law, with the word "strict" as the head, and accurately crack down on the "culprit" and "accomplice", which is not only the internal requirement to cut off the "chain" of food safety crimes, but also a necessary measure to build a "firewall" of food safety, which is worthy of praise and expectation. We will severely punish dangerous food safety crimes and not let go of an "accomplice", including curbing the behavior of a small number of public officials. Xinhua News Agency recently reported that at the end of 2021, Haicheng City, Liaoning Province "dug up" a "black interest chain" that illegally made profits from the catering of primary and secondary school students, which exposed shocking problems: some enterprises often have sour and rancid catering; Some enterprises have single dishes and low quality... Catering companies, relevant leaders of the Education Bureau and principals of primary and secondary schools have formed a black industrial chain, which seriously infringes on students' health and safety. It takes a good blacksmith to make good steel. The interpretation stipulates that "if the functionaries of state organs responsible for food safety supervision and administration abuse their power or neglect their duties, which constitutes the crime of dereliction of duty in food supervision and other dereliction of duty crimes such as the crime of favoritism and non transfer of criminal cases, they shall be convicted and punished in accordance with the provisions on heavier punishment", which sends a strong signal of strict punishment. To further promote food safety governance, we should not only play a significant role in "curing the disease", but also find out whether the grey interest chain is involved behind the food safety problem, whether there is dereliction of duty or corruption, and never be soft on the public officials who act as "accomplices" and "umbrellas". More importantly, we should see the truth in the "prevention and treatment of diseases", press the compaction responsibility, strengthen supervision, urge all public officials to perform their duties, and resolutely curb the potential risks of food safety in the bud It is expected that local judicial organs and law enforcement departments will adhere to the people first and use all legal means to crack down on crimes endangering food safety. At the same time, we will actively build a new pattern of co construction, CO governance and sharing, stimulate public enthusiasm for participation, unite as one, constantly improve the level of food safety governance, and ensure the "safety on the tip of the tongue" of the people. (outlook new era)
Edit：Yuanqi Tang Responsible editor：Xiao Yu
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