| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 106 === Risk society has brought many emerging social issues. To solve these new problems arising from modern society, the law is bound to play an extremely important role. How to use the criminal law with strict penalties to deal with the unrest in this risk society has become an important topic in criminal law. As far as the current Act Governing Food Safety and Sanitation is concerned, the control measures against adulteration and counterfeiting exist at the same time with administrative control measures and penal sanctions. After the intensive modification in recent years, the criminal effects of adulteration and counterfeiting have been successively raised. However, food safety incidents are still emerging, adulteration and counterfeiting of criminal legislation have also been questioned. In order to find a solution to this problem, this article first clarifies the concept of a risk society, discusses the changes of the role and connotation of the criminal law in a modern risk society, and then reviews the necessity of current law's penalties on "adulteration and counterfeiting", and its relationship with the last resort of punishment and the protection of legal interests, with a view to using criminal law as a risk control measure in the modern risk society and at the same time upholding the limits of the last resort principle of criminal law.
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