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危害食品安全犯罪已经成为时下最受百姓关注的一项民生犯罪,笔者认为在对其进行司法认定时应当坚持三个适用理念。分别是始终坚持风险刑法理念,将关注的重点从实际危害转移到对危险自身,进行认证时应当加强对行为人在已经知道风险以及风险预见性的审查;秉承行政刑法理念,将重点放置在行政程序与刑事程序的衔接上,加强对危害食品安全犯罪的认知程度。第三应当贯彻有限刑法理念,将刑法制裁效果科学进行发挥,确定形式判断在行为人是否犯罪上的关键意义,应当将客观判断作为此罪与彼罪的首要参考。
The crime of endangering food safety has become one of the livelihood crimes that people are most concerned about nowadays. According to the author, three applicable concepts should be insisted upon in judging it. They are always adhering to the concept of risk criminal law and shifting the focus of attention from the actual harm to the danger itself. When conducting certification, the auditing of the perpetrator’s already known risk and the risk foreseeability should be strengthened. Adhering to the concept of administrative criminal law, the focus will be placed on the administration Procedures and the convergence of criminal procedures to strengthen the awareness of crimes against food safety awareness. Third, we should implement the concept of limited criminal law, exert the scientific effect of criminal sanctions effect, and determine the crucial significance of formal judgments in whether or not the perpetrator is guilty of crimes. Therefore, objective judgments should be taken as the primary reference for this crime.