An Analysis Of The Difficulties In The Production And Sale Of Toxic And Harmful Food

As the saying goes,"Food is the paramount necessity of the people". With emerging food safety issues in recent years, people are increasingly concerning about the "paramount necessity". As such, how can we protect our food security? Facing the rampant food safety crimes, how to use the weapon of law more effectively? Focusing on the producing and selling poisonous and harmful foods, the article will make an in-depth interpretation of the difficulty of application in law with regards to accurate grasp of such cases in the legal practice. This paper is divided into four parts. The first part is the interpretation of the criminal object of the offense. It is to be elaborated from three aspects including the definition of food, non-food raw materials and toxic and harmful food. To define "food" in this crime, I agree that the extension should be generally understood, which contains not only refined food, raw materials products for human beings, health food, but also contains "food additives" and "raw food". For the understanding of "non-food raw materials", I believe that the "non-food raw materials" shall be the chemical raw materials excluded from those species listed in the articles of "Standards for Uses of Food Additives" promulgated by the Chinese Ministry of Health. And food additives do not belong to the "non-food raw materials". As for "toxic and harmful food", I think that the boundary should be mainly based on the general standard of ordinary people, and at the same time the exclusion to the toxic properties in the objective criteria given by the appraisal opinion should be taken as an exception. The second part is to analyze the types of criminal behaviors in "incorporation" and "sale" these two objective acts constituting the crime."Incorporation" refers to the act of mixing food with toxic, harmful non-food raw materials. Specifically, it includes both mixing the poisonous and harmful non-food raw materials with food and adding the toxic and harmful non-food raw materials in food. It includes direct and indirect incorporation behavior. But incorporation excludes the act of faking toxic, harmful non-food raw materials as food. Sale refers to the act of selling obtained food which contains toxic, harmful non-food raw materials to a third party (including for the purpose of indirect profit). The third part is to discuss the requirement of the subjective knowing to the crime from the following three points including the requirement of "knowingly", the specific criteria for judging "knowing", and that subjective intent must be "knowing". The judging of whether the performer has such intentional knowing shall be based on the specific conditions and general objective criteria. The fourth part is to analyze the overlapping between this crime and other crimes, which is the major concern in judicial practice. This chapter is about the comparison between the concurrence of articles of law and the imagination of concurrence. In addition, it will compare this crime and other similar crimes to sort out the differences.