根据同一罪名同一罪过的确定原则,食品监管渎职罪只能是过失犯罪。食品监管渎职罪的“滥用职权”与“玩忽职守”具有等责性,滥用职权本身的故意性,不影响该行为对犯罪后果的过失,改型犯罪方式属于责任过失。滥用职权型食品监管渎职罪作为过失犯罪可以与其他故意犯罪和过失犯罪进行竞合。 According to the same crime with the same sin to determine the principle of food regulatory dereliction of duty can only be negligent crimes. The “abuse of power” and “dereliction of duty” of food regulatory dereliction of duty have such responsibilities as blame, abuse of the intentionality of the authority itself, does not affect the negligence of the act on the consequences of the crime, and the remodeling of crimes is a fault of responsibility. Misuse of competent food to regulate dereliction of duty as a crime of negligence can be in competition with other willful crimes and negligent crimes.