食品安全犯罪的定罪机制研究——以“无根豆芽案”为切入点

Study on the Conviction Mechanism of Food Safety Crime—Taking “Rootless Bean Sprout Case” as the Breakthrough Point

摘要: 行政犯的定罪机制问题无论是在理论界还是在司法实务中都备受争议，食品安全犯罪作为行政犯的典型代表是近年来理论界和实务界共同关注的重点。具有典型代表的“无根豆芽”案件改判无罪，这是“毒豆芽案”宣告无罪的代表性案例。其量刑改判幅度之大让社会公众瞠目结舌。本文以“无根豆芽案”为切入点，对食品安全犯罪的定罪机制进行讨论，提出在行政犯下，食品安全犯罪定罪应当结合形式标准和实质标准同时进行综合判断，运用体系解释规则，从而避免罪责刑不相适应的现象。

Abstract: The conviction mechanism of administrative crime is controversial both in theory and in judicial practice. As a typical representative of administrative crime, food safety crime is the focus of both theory and practice in recent years. The typical case of “rootless bean sprouts” was acquitted, which is the representative case of “poison bean sprouts” acquitted. The extent of the sentencing reform has stunned the public. Based on the “rootless bean sprout case”, this paper discusses the convic-tion mechanism of food safety crime, and puts forward that in the case of administrative crime, the conviction of food safety crime should combine the formal standard and the substantive standard to make a comprehensive judgment at the same time, and use the system interpretation rules, so as to avoid the phenomenon of incompatible crime, responsibility and punishment.