Combing our country in the field of food safety supervision dereliction crime legislation trajectory can be found, China has initially established a regulation of food safety supervision dereliction crime legislation system, perfect the constitutive elements of the food safety supervision of the crime of dereliction of duty. But standing in the perspective of judicial practice, the current Chinese food safety supervision of the crime of dereliction of duty in the application level also faces the main responsibility for the identification, to identify subjective offence, objective elements identified three difficulties. To promote the perfection of Chinese food safety supervision dereliction crime legislation must further clear food safety supervision dereliction crime main responsibility, and improve the food safety supervision dereliction of duty of filing standards, the correct definition of causal relation to food safety supervision of the crime of dereliction of duty.