| Since the Criminal Law Amendment(8)added the crime of dereliction of duty in food supervision, the trend of low applicability does not accord with the current situation of frequent food safety crimes in China. The reasons are as follows, It is difficult to clarify the predicament of the crime in three aspects: the identification of the subject of responsibility, the determination of causality and the definition of harmful consequences. And the academic circles are also constantly exploring the applicable standard of this crime, but many of them are confined to the level of theoretical construction, the validity of judicial application is neglected. Therefore, this paper intends to analyze from the perspective of empirical analysis, clarifying the Judicial Recognition Criteria of the Crime, with a view to benefiting our judicial practice. |