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食品安全犯罪本身是一个学理名称,并非法律术语。通俗的讲,食品安全犯罪是指违反相关食品安全法律法规触犯刑法的对社会具有严重的危害性的行为。关于食品安全问题的犯罪行为在我国刑法上主要体现生产、销售有毒、有害食品罪和生产销售伪劣产品罪等罪名。虽然立法已经完成危害食品安全犯罪的罪名体系和形成阶梯状的惩罚体系,危害食品安全犯罪在刑法中呈现为一个存在法规竞合和刑罚层阶明确的罪名体系。但是在实践中仍然会出现适用哪一个罪名的问题,这就必然涉及到食品安全犯罪的法规竞合问题,笔者赞同特别法优先并排斥适用一般法,没有重法优于轻法的适用余地此种处理方法。
Food safety crime itself is a scientific name, not a legal term. In other words, the crime of food safety refers to the act of grave danger to the society which violates the criminal law in violation of relevant food safety laws and regulations. The criminal acts on food safety issues in China’s criminal law mainly reflect the production and sale of toxic and harmful food crimes and the production and sale of fake and shoddy products and other charges. Although the legislation has completed the accusation system of crimes endangering food safety and formed a ladder-shaped punishment system, crimes endangering food safety appear in the criminal law as a system of accusation of incompatibility of laws and penalties. However, in practice, the question of which one of the charges should apply still appears. This inevitably involves the issue of the regulatory competition for food safety crimes. The author agrees that the special law gives priority to and excludes the application of the general law and there is no room for improvement over the light law Treatment methods.