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自进入风险社会以来,人类便生活在风险不确定的阴影之下,食品安全事故屡屡以民众预想不到的方式发生着。鉴于传统刑法调整手段的滞后性以及食品安全犯罪关涉法益的重大性,传统刑法必须应势而变。超新过失论以及抽象危险犯的引入,是刑法调整范围扩大化与调整手段提前化的表现,且在规制食品安全犯罪方面无疑也是创新且有效之举措。但是,为了防止调整范围的过于扩大和调整手段过于提前,必须对其理论进行适当限制。
Since entering the risk society, humans have lived under the shadow of uncertainty, and food safety accidents have often occurred in unexpected ways. In view of the lag of traditional means of adjustment of criminal law and the legal interests of food safety crimes, the traditional criminal law must be changed accordingly. The introduction of super-new negligence theory and the introduction of abstract dangerous criminals is the manifestation of the expansion of criminal law adjustment and the means of adjustment. It is undoubtedly an innovative and effective measure in the regulation of food safety crime. However, in order to prevent over-adjustment of the scope of adjustment and over-adjustment of the means of adjustment, its theory must be appropriately limited.