食品与机械2025，Vol.41Issue(10)：48-51,4.DOI:10.13652/j.spjx.1003.5788.2025.60134
食品安全犯罪惩治的刑罚梯度优化
Research on penalty gradient optimization for food safety crimes
摘要
Abstract
This study addresses the widespread issues of"substituting fines for criminal penalties"and"imbalance in sentencing"in the punishment of food safety crimes.It delves into the root cause,which lies in the critical gap between the Criminal Law of the People's Republic of China and the Food Safety Law of the People's Republic of China.This study first highlights the specific manifestations of the poor connection between the two laws.Firstly,the misalignment of the crime classification system results in some serious food safety violations not being accurately categorized under the appropriate criminal charges.Secondly,the conflict in legal terminology leads to ambiguities and inconsistencies in defining key concepts,affecting the uniformity of legal application.Thirdly,the imbalance in the allocation of penalties is evident in the overly broad range of statutory penalties and the lack of clear gradation,failing to accurately match the severity of the criminal acts and the perpetrator's malice.Additionally,the absence of targeted punitive measures,such as disqualification penalties,significantly weakens the deterrent effect of the law.To address these issues,this study proposes systematic recommendations for optimizing the penalty gradient,reconstructing the crime classification system to tighten the criminal law net and ensure accurate characterization of harmful acts,refining the penalty gradient by scientifically setting a clear and balanced range of statutory penalties based on the nature of the act,its consequences,and the perpetrator's subjective elements,and introducing disqualification penalties and punitive compensation systems to enhance the deterrent effect through the deprivation of reoffending ability and economic penalties.关键词
食品安全犯罪/刑罚梯度优化/两法衔接/资格刑Key words
food safety crime/penalty gradient optimization/connection between the two laws/qualification punishment引用本文复制引用
李蜜..食品安全犯罪惩治的刑罚梯度优化[J].食品与机械,2025,41(10):48-51,4.基金项目
广西壮族自治区新文科研究与实践项目(编号:XWK202435) （编号:XWK202435）
