With the high frequency of the occurrence of food safety incidents, how to ensure the food quality has caused widespread concerns. As the last shelter to protect the food safety, criminal law has some aspects of deficiency, such as the incorrect determination of the nature, the limitation of the protective scope and the lag of protection, which lead to the result that many food safety cases cannot access to judicial program. All of these problems highlight the powerless of the criminal law when dealing with the food harming safety crime cases and permit the food harming safety crime action in some extent. We should improve the criminal legislation in the aspect of food harming safety crime through learning from foreign legislation, form the rigorous criminal legislation system and overcome the deficiency of criminal legislation in food harming safety crime.