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Search On Crimes Of Producing And Marketing Toxic And Foods

Posted on:2011-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166360308967919Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Crimes of producing and marketing toxic and foods is means violate regulations and policies of food hygiene management, mix deleterious and harmful nonfood raw materials in production and sales of food or sale knowing deleterious and harmful nonfood raw materials. This crime which object is deleterious and harmful nonfood raw materials encroach on the health of most people are not given in our country and food hygiene management systems. Besides, the "mix" behaviour not only include put deleterious and harmful raw materials into the procedure of producing and selling food, but also directly sell deleterious and harmful nonfood raw materials as food or food materials. In addition, we should comprehend that the "sale behaviour" include food purchase, storage, transport, display, sale, and so on, instead of simple to understand as food sale one step. Last but not least, profit-making is not the essential elements in this Crime and criminal purpose is also an important parmeter.In the juridical practice of crimes of producing and marketing toxic and foods, the subjective aspects of doer knowingly or not is the critical limits of culpability or not. In the process of identifying this crime with other crimes, distinguish object of crime, grasp food categories is very important. As for affirming suspended situation, although this crime is behavioral offence, the accomplishment of crime is not immediately and get though a procedure, so if it has stopped before the attempt of crime, it can the discontinuance for crime.In all, although our country has strictly regulation Crimes of Producing and Marketing Toxic and Foods, criminal acts also remain incessant. The main reason is the sustained and rapid development of economy made criminal laws Performance lag, and the crime prevention system is not prefect enough in our country. In my opinion, there are several ways to make up shortages of criminal law and reduce the incidence of crime. It is necessary to draw on the experience of advanced foreign Food Safety System and legislation and improve crimes of producing and marketing toxic and foods, especially abolish execution and enhance Freiheitsstrafe and Penal Fine in this crime.
Keywords/Search Tags:Crimes of Producing and Marketing Toxic and Foods, Tatbestand, Determination
PDF Full Text Request
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