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风险社会下,我国食品安全的刑法规制在很大程度上契合了风险刑法的主张,蕴含着巨大的刑法风险,即不仅背离了刑法谦抑的理念,导致了刑罚功能的削弱,还造成了风险规制体系的紊乱。为了更好地保障食品安全,应当对食品安全的刑法规制进行必要调整,即应在坚持刑法谦抑的基础上,重点关注刑罚处罚的概率,并充分发挥风险规制体系的功能。
Risk society, China’s food safety criminal law to a large extent fit the idea of risk criminal law, contains a huge risk of criminal law, that is not only deviated from the concept of modesty of criminal law, leading to the penalty function weakened, but also caused the risk Regulatory system disorders. In order to ensure the food safety better, it is necessary to make the necessary adjustments to the criminal law and regulation of food safety. That is, on the basis of upholding the modest criminal law, we should pay close attention to the probability of punishment and give full play to the function of the risk regulation system.