1672-8505

CN 51-1675/C

新时期食品安全犯罪取证问题研究

On Evidence Obtaining of Food Safety Crimes

  • 摘要: 民以食为天,食以安为大。伴随我国《刑法修正案(八)》的出台,及“两高”《关于办理危害食品安全刑事案件适用法律若干问题的解释》的发布,食品安全再次成为热点。食品安全犯罪作为备受关注的民生犯罪,对其予以严厉惩罚已成为社会的共识。然而,食品安全犯罪由于其隐蔽性强、涉及范围广、广泛运用高科技等特点,在对其处罚上存在着查证困难、证据难以保存等现实问题。所以,有必要从加大对客观证据的收集、鉴定结论的运用、程序衔接等诸多方面完善此类案件证据的收集与适用。

     

    Abstract: As the saying goes: "Food comes first to human, so does safety to food". Food safety gets hot once again with the "Amendment (Ⅷ) to the Criminal Law of the People's Republic of China" enacted and the judicial interpretation of food safety crimes publicized by the Supreme People's Court and the Supreme People's Procuratorate. The society has reached a consensus on severe punishment to food safety crime since it's so closely connected with people's livelihood. However, because it's deeply hidden, with wide-ranging and high-tech extensively used, food safety crime punishment are faced with the problems like verifying crime and preserving evidence. Therefore, food safety crime calls for improvement on evidence obtaining and applying by stepping up effort on obtaining objective evidence, adopting judicial expertise and strengthening connections of judicial procedures.

     

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