食品安全犯罪的法律归属再探讨

    Re-discussion of the Legal Ownership of Food Security Crimes

    • 摘要: 新近学界泛起将食品安全犯罪的法律归属调整到危害公共安全罪的观点,其立论的最大“法宝”在于食品安全犯罪侵害了不特定多数人的健康生命权,即公共安全。其实,“危害后果严重”不是判断主要客体的依据,食品安全犯罪的法律归属取决于其行为特性和本国立法价值取向及立法传统。食品安全犯罪与传统的危害公共安全罪不具有兼容性,将其归属于生产、销售伪劣商品罪并无不妥。

       

      Abstract: Recently in the academic circles,there has been a new point that the legal ownership of food security crimes should be adjusted to crimes of endangering public security and the "magic weapon" of the argument is that the food security crimes infringe the rights for life and health of nonspecific majority of people,that is the public security. In fact,the "serious consequences" is not the basis for the judgment of the main object and the legal ownership of the food security crimes depends on the behavior characteristics and the value orientation of the national legislation and the legislative tradition and so on.The food security crimes and the traditional public security crimes do not have the compatibility,so the food security crimes that belong to the crimes of producing and marketing fake or substandard commodities are appropriate.

       

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