The Judicial Assertion Of The Crime For Poison And Hazard's Food Product And Sale

Food safety is a big problem which is concerned with people's livelihood and it is of great important to establish and perfect the food safety system in the construction of harmonious society. With the rapid development of market economy in China, our people's living standards have been greatly improved, so they not only have a better requirement in food color, fragrance, taste, and pay more attention to whether the food quality is safe or not. However, nowadays, food production in China is not so optimistic. In recent years, food safety accidents occurred frequently, which violated consumer's health severely , made people have a panic in food safety and caused tremendous obstacles in China's food export trade.To ensure food safety, China has abolished Food hygiene law of the People's Republic of China in the need of the food safety situation and issued Food security law of the People's Republic of China to guide and regulate the production and circulation of Chinese food more effectively as well as punish food producers and sellers. However, only civil and criminal punishment are not enough for lawbreakers who are desperate for profit,. To punish food producers and sellers who do damage to production and circulation of Chinese food and the development of the socialist market economy guarantee Food security law of the People's Republic of China , we must give play to the last safeguard function of the criminal law.This paper is divided into seven parts: the first part is the production, sale poisonous and harmful food sin subject aspect . This article discusses the main part of the determination, crime, subject, including both natural and units, and the definition of the two crimes were the main analysis, while the body of the unit directly in charge of crime officersThe second part discusses about subjective aspect of determination .there exist several dispute and subjective "knowledge" of the reasonable definition,The third part is the production, poisonous and harmful food sin aspects of the cognizance of the object. This section discusses about crime object, there exist several disputes, its criminal object, the"food"and the "toxic or harmful non-food raw materials" understanding;The fourth part is related the production, poisonous and harmful food sin aspects of the cognizance of objective, discusses "mixed", "sale" behavior understanding are discussed in detailThe fifth part is the production, sale poisonous and harmful food sin not complete form of identification. This part of the form and the crime attempted to suspend form that.The sixth part is the identification number of the Crime. The form in part through case analysis of the imagination competes gathers the commit and implicated punishment principle, such cases should adhere to the principle of selection of a felony punishableThe seventh part is related boundaries divisional. This part of the crime with the crime and sin with crime, or similar several charges limits defined and analyzed. The author made a basic logic framework in producing, selling poisonous and harmful food sin four crime and discussed the elements whether constitute the crime or not sin Pilate sin subjective and objective in order to punish the crime in food production and circulation and ensure the safety of food in our country as well as make a reference to similar legislative and judicial practice.