关键词: 食品安全, 食品犯罪, 持有不安全食品罪, 拒不召回不安全食品罪, 货值金额, 生产销售金额

Abstract:

Flaws like having inaccurate orientation，lagging intervention point，light and incomplete law and unscientific fine
penalty etc. exist in China’s current criminal law over regulations on food crimes，which indulged food crimes to a certain
extent. Legislative concept must be changed to tighten criminal law against food crimes in China at present. In legislative
system，food crimes should be classified as crimes against public security；in law terms，the existing terms of“production
and sales”should be changed as“production and business operation”；in accusation，“crime of possession of unsafe food or
food materials”and“crime of refusing recall unsafe food”shall be added；in setting up fine penalty，“stock value amount”
should replace“production and sales amount”as the calculation basis of fine amount，and it should be clearly pointed out that
“the fine is made to be more than twice but less than five times of stock value”. Also，it is necessary to clearly define that the
administrative penalty that the actor handed over previously shall deduct the penalty.

Key words: food safety, food crime, crime of possession of unsafe food or food materials, crime of refusing recall unsafe
food, stock value amount, production and sales amount