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Study On Crime Of The Producing And Marketing Toxic Or Harmful Food

Posted on:2011-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q SongFull Text:PDF
GTID:2166360332955629Subject:Law
Abstract/Summary:PDF Full Text Request
NPC Standing Committee adopted the separate criminal "the decision of Punishment for the production and sale of shoddy goods" on July 2,1993, purposing on curbing on the spread of the production and sale of fake goods since the reform and opening-up, which has stated the crime of the production and sale of toxic or harmful food and which was adopted as a specific provision by the amendments of Penal Code in 1997, thus the production and sale of toxic or harmful food was judged guilty according to the formal provisions of the Penal Code. However, since the implementation of the new Penal Code, discussions in Theory Circle on the crime of the production and sale of toxic or harmful food are so limited. In the writings of criminal law, it was only a few words, let alone monographs and special research projects. The reason for that is this crime is not as usual as the crime of theft, robbery, traffic accident and so on. However, once the offense arises in the media, it always means the country's big hit took place, such as Shanxi fake alcohol case in 90 century and the case of Sanlu milk powder in 2008.So systematic theoretical research is so necessary not only for the development of criminal law theory,but also for the conviction and sentencing in practice.Object of the crime of the production and marketing of toxic or harmful food is complex object which violate the state,society,personal benefits. The objective behavior can be divided into six kinds of behavior. As the toxic and harmful substances in the complex mechanism of the human body, will affect the results of harmful behavior and damage identification of the causal relationship, the author believes that identify the causal relationship of the crime, they should introduce "The epidemiology of the causal relationship" to adapt to this special types of crime. In the identified production and marketing toxic and harmful food awareness of the subjective factors of the crime, so long as the perpetrator of the act against the result of "certain" of knowledge can, does not require the perpetrator of the harm resulting in a very precise knowledge. Crime of the producing and marketing toxic or harmful food is a typical abstract Dangerous crime. because legislators would Dangerous time ahead of Accomplishment, was generally accepted that there is not the situation of the Discontinuance for Crime. I think that the suspension of criminal law is not conducive to play a. committed utilitarian function, it should be in some special circumstances, recognize the existence of the situation of the Discontinuance for Crime.Although Chinese traditional theory of constitutive elements of crime was always criticized by many scholars, in the case that all kinds of theories haven't been in accordance with each other and the theory of four constitutive elements still remains viable in practice, it will be treated as an important tool in this article to analyze systematically the crime of the production and sale of toxic or harmful food in making use of the case of Sanlu milk powder. This article focuses on the analysis of constitutive elements of crime, and then discriminate the crime of the production and sale of toxic or harmful food an those similar crime which can be confused easily. This article also propose six alternative charge to judge this crime, introduce how to bring the epidemic disease's casual relationship into the judgment of this crime's causal relationship, and studied the morphology of the crime is that is not completed at last.
Keywords/Search Tags:Crime of the producing and marketing toxic or harmful food, The constitutive of crime, Judicial cognizance, The suspended situation of intentional crime
PDF Full Text Request
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