The food security criminal can sentence to death reflecting the policy is tight

The food security criminal can sentence to death reflecting the policy is tight
The food security criminal can sentence to death reflecting the policy is tight
Following to finish the playscript with stage directions on September 16, 2010 for CCTV " news 1+1 ": --Death penalty, face the food security The supreme people's court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice released a notice to the outside recently the most, mention, the crime will sentence the firmly sentencing in accordance with the law of death penalty to death in this way inside the notice. On earth what kind of thing lets the word of four departments of public security organs department be so severe and paying so much attention to? (broadcast the short film) Explain: Numerous medias report that has put to death penalty and food security together one after another, a notice that and the source of the report is four departments jointly released. Yesterday, the Supreme People's Court, supreme people checked the institute, Ministry of Public Security, Ministry of Justice and jointly released the notice on punishing severely and endangering the criminal activity of the food security in accordance with the law, demand to contain in accordance with the law and attack the behavior of endangering the food security crime strictly. In fact, appear as far back as the lofty tone of February of this year, is sent to the security council of food of the State Council that Yu Hou looked at, made up of 15 departments, the Ministry of Public Security is one of the members. After 7 months, four public security organs departments send the documents jointly, pay close attention to the food security. Such a surging posture reveals to the public what appears is obviously a very strong signal. (telephone interview) Feng YuJun (the researcher of research center of legal system of the food security of China Law Society) : This is not actually an unexpected behavior, it is in fact since three deer baby's milk power incidents happened 2008, having issued " food safety law " in 2009, until today for three years in succession, a wave has exceeded a wave, build or construct a new significant incident of the food security all-roundly. Explain: Will it be June this year, the intersection of well-to-do level and until " you afraid nothing most " magazine office Having done an investigation, the result reveals, the food security exceeds social security and medical treatment safely and high and ranks first with 72% of the proportions. Though since milk power of three deer incident, the country has already taken a series of important measure, dispel panic, but the intersection of food security and field break laws and commit the crime still high to take place. (news short film) News host: In this draft, 13 death penalty charges are proposed that it is very beneath mention to cancel Explain: Before over half of a month <>,Because of removing the death penalty charge that 13 dogmas used and winning the praise of a lot of people. This shows, rigorously enforce death penalty applicably, the public opinion has already had most common understandings to this. However, after two weeks, on directing against food security crime, in the net friend's message, seem to fall down to the ground and stand on one side to the crime in order to be sentenced to death the criminal is sentenced to death. This look, have some contradictory thing, have, initiate deep thinking of us, because reality really allows of no optimist. Jointly released the previous day of the notice in four ministries and commissions, one of Lanzhou was announced to the school food safety inspection result, the result reveals, in managing the family in 39 large special secondary schools, middle and primary schools, dining room of the nurseries and kindergartens organization that are checked, 29 operators at various degrees are punished. The disqualification rate of so large area, seem to call the increasing of punishment efforts too. (telephone interview) Feng YuJun: Food security crime and general economic crime do not also stand comparison, it was the people's life right, and the people's health right that was endangered, the right is the most valuable in all human rights, can be cherished most, it is the first's too, it should not contrast the economic crime this kind, this kind want leniently, from slow, can use death penalty use death penalty, may be said and had essential differences with those situation, must not thus make it rigidly uniform. Explain: Today, we saw the action that will be adopted in the notices of four ministries and commissions soon, for endangering the recidivism that the food security commits crime, habitual offender, the prime culprit in complicity, cause endangering to the health seriously, and sell to the criminal enormous in amount of money, should firmly punish severely in accordance with the law, firmly sentencing to death in accordance with the law in order to be sentenced to death of crime. Host: Special commentator of us Professor, zinc of tin, Wang of Peking University today. You look, Professor Wang, the use of death penalty of our country is more and more cautious these years, say forward that took death penalty back and checked right, then the criminal law amendment that is discussing now several years ago in supreme people's court the most, plan to cancel 13 death penalty charges not commonly used. Why this time you read, what newspapers all adopted one after another is boldface, " the court should be sentenced to death in accordance with the law firmly " ,Then exactly " Can't exempt from punishment with the reprieve " ,How to go to see this kind and seem it is more contradictory one kind of such mood? King tin zinc (special commentator) : I think this notice produces an information, perhaps a word for us, that is " Tight " . Including we spoke us yes " Firm " ,This is a question of an attitude, there is " death penalty " ,A measurement of penalty that this is is bright and deterministic, it is the death penalty, must use when should use ing. We know if seeing if it is actually different that I think it such, the policy of the criminal administration of justice of our country, has been in fact emphasizing and helping widely and tightly, that is this I who am wide should be wide gradually, it is tight and tight but act as. Anything is wide, anything is tight, should certainly consider the intensity of such social harmfulness brought in criminal offence. So if help from this kind widely and tightly, act as this tight angle tightly if understanding, it the pieces is tight today this after seeing we to happen it is that some time come in the past, country, government, and question that people care very much, it is the question of the food security, food is god for the people, but we mention the food now, we can say it is all all of jump. To such a great, it is that one is not merely economic question, but involve people's life health problem, people's livelihood, popular feelings question, can not do it severely? So I think that really act as tight and tight a very important embodiment here. Host: Is it that one kind which obeys the will of the people is tight too that this is tight? We have a Deputy Bureau Director to look back in Ministry of Public Security's public security office again, he mentions it is not so big to the crime attack which endangers the food security now. For example, three gather the intersection of cyanogen and the intersection of ammonia and the intersection of milk power and this piece for the previous period, I produce, sell, three gather the intersection of cyanogen and the intersection of ammonia and the intersection of issue and prime culprit of milk power by several dozen, has been sentenced to three years' imprisonment finally, return the reprieve for three years, what problem did this solved? King tin zinc: Having especially mentioned this question of reprieving too this time, some may not be generally used. Have mentioned tightly in front of us, but don't forget, had said inside the notice this time, punish severely in accordance with the law. Host: Then talk about and was sentenced to three years' imprisonment for slow three years in the past, why will be be slow? King tin zinc: We got back to in accordance with the law here. We are exquisite and tight now, including death penalty Applicable,say it too be wanted sentence to death in accordance with the law firmly,how be stipulate when involving here by lawing. Should say it is a kind of attitude, but we deal with now here in accordance with the law tightly, so if the regulation of the law is sometimes to some these crimes of endangering the food security seriously, no matter the crimes of course such as the production and management, or shield, connive at and wait a moment these relevant crimes by taking advantage of duty, if you the intersection of regulation and itself of law whom the threshold might make low too, punish enough strict, how tight it will be I at this time, in fact make according to that threshold. I give an example come, say we now these " food safety law " everybody knows, especially pay close attention to. But " food safety law ", to the behavior of endangering crime of the food security, it is in fact only a strip. Why? Because it was only how we come to supervise in the administrative course that it stipulated this law, so just fine, revoke licence, license,etc.. As to form the criming what is to be done? " food safety law " just says that can investigate criminal liability according to " criminal law ". But why did " criminal law " stipulate? Our crime of this one to the food security of " criminal law ", have in fact placed it on the crime of undermining market economy order. In other words, influence, endanger the intersection of food security and part this, we make whom it set free whether it influence economic order of market always, right, it has really influenced the economic order of the market, but there is one, endanger the life health and safety that it endangers numerous people of the food security crime directly. Find out, then in criminal law now such as we the relation, I think that there are a lot of punishment that are worth discussing. For example, produce fake and forged food, it get up punishment is under three years, should sentence the fixed-term imprisonment under three years, this standard is low. If do according to this standard, add this fake and forged commodity inside gathering the cyanogen ammonia three times, he is sentenced to three years' imprisonment, seems to accord with the law, so perhaps one should be tight, another one wants considers the tool in our hand, that is whether the law has been put in place. Host: In accordance with the law if made an analogy and said now, the efforts of the threshold of keeping goal would increase, but the threshold King tin zinc: The threshold is still so high. Host: Quite right. And one question, how long is this piece will tight, say this to go down severely sine die? King tin zinc: I think one notice belong to a gust of wind type such as the public expect we too, it is not a sport type. Perhaps people will have a kind of worry, but I think that mostly expect, it is these questions of the food hygiene, food security, it is a great people's livelihood, we can say it is a great popular feelings question too, it is not merely an economic question, the order question of the market, it is a popular feelings question even more, because the will of the people demands to really ensure the security of the food. So I think of such a notice, it does not have prescribed time-limit, the notice not as past as we says, we should delimit one time limit within some time, I will attack severely in accordance with the law in this period, but it may be a policy of a long-term criminal administration of justice. Host: Like to the blow of this kind of danger food security crime, except utilize the common right organ to attack with strength, are there any other ways? We will continue discussing while waiting a moment. (broadcast the short film) Explain: Produce, sell several dozen tons and three prime culprits who gathers the cyanogen ammonia poisonous milk power, is sentenced the fixed-term imprisonment for three years finally, postpone a deadline for three years. We respect the trial of the law, but we have heard such a sound. When the personnel in charge of the case arrest the high tube that a poisonous food produces and sells enterprises, this high tube says, don't be afraid to relatives in front of personnel in charge of the case, the punishment that is sentenced to three years' imprisonment at most. This one and the intersection of food security and in the same grim situation reality, say and say to this Ministry of Public Security the intersection of public security and Shanghai Xu, Deputy Bureau Director of office, " such attack is not enough to frighten the crime, it is not enough to prevent this kind of crime from continuing taking place either " . (telephone interview) Feng YuJun: Because our food security legal liability system in the past has no system, have systematized, realize real connect and lapse, cause a lot light to sentence, leak declare and difficult question that decide, according to administrative responsibility and criminal liability. Certainly, everybody knows the administrative responsibility such as three deer groups is rectified by it, then is dismissed from one's post like some relevant local leaders. But there are some more leaders, or there are some more administrative organs, for example have issued the system of ISO9000 to them, supervise those organs of the certificate of competency after awarding the relevant quality, have not got the so-called discipline, or even criticize, does not have. Explain: Today, stipulate clearly in the notices of four departments, endanger recidivism that food security commits crime, habitual offender as to those, the prime culprit in complicity, cause endangering and selling the criminal enormous in amount of money to the health seriously, want, punish severely in accordance with the law firmly, crime, as sentence to death, take, sentence to death in accordance with the law firmly. And notify to also especially emphasize, the ones that should strengthen the property type are applicable, deprive the capital that criminals made a profit illegally and committed crime again completely, control and applied to suspended sentence and exempt from criminal punishment in endangering the food security criminal strictly. Inferior sodium nitric acid, mountain pear acid first, glycerine fatty acid ester, bleaching agent, colorant agent, edulcorant, preservative, essence, spices, the packaging of the food is more and more exquisite, the color is more and more captivating, taste is good too, but the danger is increasing. The Sudan is red in recent years, formaldehyde beer, clenobuterol hydrochloride, peacock are malachite and hanging white one, gathering cyanogen ammonia, benzene and combining Zhyuan, heavy metal three times, the what China produced and relied on of food industry is science and technology, and the increasingly much food is dangerous to come from science and technology. Dangerous and more and more, investigate and prosecute more difficult, so the requirement for supervising is higher and higher. Had and commented on pointing out, since 1995, Japan had already successively carried on more than 10 modifications to the food hygiene law, it is obvious what the system is followed up is frequent, and the situation which we face is the same, so in notice of today, direct regulation of crime by taking advantage of duty against, can initiate concern of public opinion while being natural too. (telephone interview) Feng YuJun: For example, three deer, three three of deer it gathers the intersection of cyanogen and ammonia to be actually local administrative executive, the local local government's leader, many people know, in fact getting up and conniving at to an indirect harbourage, the just favourable word is blinded by the lust of gain right overhead. Thus look like these people, what is to be done do you say? He is not a person of three deer, he has not caused ordinary people's danger directly, but he shielded and connived at, that actually punishes this severely to these persons in accordance with the law Plant the crime by taking advantage of duty, it is in fact very important. Explain: In addition, divide into groups in National People's Congress recently and review <>When, representatives propose, the present amendment has not involved the food security question, propose revising. Among them committee member Wang Longde says: Criminal law relevant clauses and food safety laws issued newly are inconsistent, the subject of crime of criminal law only involves producing, sales force, causing to store poisonously, is harmful to the food when serious illegal personnel deal withing, there is no criminal law basis; In addition, place the standard on file too high about the food security in criminal law, and difficult to assert. Criminal law stipulate, sell amount of money deal with in 50,000 criminal offence of the above, but it is very difficult to sell the amount of money in practice to fix. Because discover and seize some small workshops, small enterprise accounts in the production ink in a complete mess in some illegal activities, it is unable to check that sell the amount of money at all. Moreover, the extent for measurement of punishment is too extensive, and punishment way is mostly to punish gold only, and does not make criminal punishment. Meanwhile, China study, establish formally by scientific research institution by legal system by first food security before one month, include supreme people's court, the Supreme People's Procuratorate the most of National People's Congress in the participant, and all involves food security and supervises the high-ranking officials of links, with a large number of top scholars of relevant field. But the field that they will study includes " constitution " involved in food security, many fields such as " administrative law ", " criminal law ", " commercial laws of the people ", " economic law ", the purpose should offer the theory for building legal system of food security and the system is supported. Obviously, to the notice for the moment, and then reach ongoing criminal law to revise big from " food safety law ", and the cooperation between the law enforcement agencies, the food security system of China follows up and needs to raise speed. Host: Professor Wang, specially mention the crime by taking advantage of duty inside this notice, speak the danger food security field in the crime by taking advantage of duty, can't use the reprieve or exempt from punishment, why should be like this? King tin zinc: Because talked about just now, specially carried endangering the crime by taking advantage of duty with relevant food security out alone this time just as Professor Feng, I it feels to be probably any important very, but we had lessons drawn from others' mistakes in the past. In a lot of cases, on one hand on the assembly line, it may be fake and forged, the unsafe food will come out, but the back may be someone or shields and connives at, support they even, strengthen efforts, efforts punished of policy the intersection of backstage supporter and this, then person in the front, he must feel reassured and emboldened on account of the support. So this piece I think first face one goal at first, following. Second, people these, if punishing severely, we see these kind of crime by taking advantage of duty then, because we may investigate some responsibility for him at some time, but investigate responsibility is or that the punishment that is sentenced to is lighter, have another one, if is under three years, some punishment may come again one is applied to suspended sentence, having in that case seemed been punished on the name, but it is very difficult to play a role in frightening in fact. Host: We give an example, if recured and gathered such an incident of cyanogen ammonia three times in the future, there are relevant for person in charge on these on it is that it produce site,it will influence by the fact that what kind is notified and treatment? King tin zinc: I think it is that he must want to have relation with this kind of danger food security crime at first, for example you know obviously the manufacturing enterprise, selling enterprise have such a behavior of endangering food security, but shielded and connived at, this is malfeasance, malfeasance is according to the situation sometimes, because he has not done the behavior of the crime directly, the treatment that may be passing is that the comparison is not so strict. If not applied to suspended sentence now, this interrupts your route of retreat at first, so this I think it must have one very great change, one to declare guilty, assert certain and further stricter in the future together, in addition, the application of law of punishment will be relatively strict too. Host: Professor Wang, and a very important problem, we know the public security organs department make degree in a more cost-effective manner doing this this time. But the crime of the food security field is only a part inside a big plate of their work, they also have much energy, manpower, material resources to deal with other things. Except attacking like this, what can the others also done? King tin zinc: I think just like this, because of our public security organs department, judicial authority and department, they really have a very complicated task. So is actually considering that must reach the resources of this kind of administration of justice while attacking a certain field crime, because resources are limited, manpower, material resources, financial resources are limited. So we emphasize on one hand, through this being getting hard together, let this public security organs department link, through the way of various mobilization, should stand up firmly. But only depend on the linkages of such common right department of public security organs department, though is important, but not far enough. Give an example to say, these departments want to obtain information, the information of the crime, he may need more channels, consumers, people may be important channel sources. And for example, when the judicial department links by common right, in fact other one part, consumer, people, they to can face whole production, the intersection of person who sell and link of food directly. In civil action, the intersection of food security and the the intersection of infringement and the intersection of lawsuit and this, if can emphasize the civil action, civil to relieve more, I think it can be that common right and private right are that the dual tactics are getting hard at the same time like this, this can enable the improvement greatly of coefficient of our food security better. Host: This it is common right that go, attack, this one, can't the list is by no means exhaustive, Wan should employ ordinary people these way of the civil action King tin zinc: And under many circumstances, if you just pay attention to this kind of blow of common right


|