On The Identification And Improvement Of The Crime Of Producing And Marketing Toxic Or Harmful Food

Food safety is not only seriously disturbed the order of the socialist marketeconomic management, but also seriously undermined the safety of life and health ofconsumers. The food problem is related to public safety. China’s "Criminal Law" onfood production, marketing health security law provides for heavy penalties. China’s"Criminal Law" at144provides for the production, selling poisonous and harmfulfood crimes. Along with the rapid development of socialist market economy, theinvisible hand of market regulation, some criminals have to seek illegal interests,caused consumers to life, health safety is at stake. In view of the fact that the frequentemergences of food security accidents incur country, it’s very essential to regulate thefood security by legal means. This article carries on the discussion about theregulation of the food security from the perspective of the criminal law. Based on theanalysis of the current criminal law of China, the author found some defects in theregulations of the food security, and then have carried on a more thorough ponder tothe regulations of the criminal law of China’s food safety and put forward someimprovement suggestions.The thesis is divided into five chapters:Chapter one includes the legislative evolution. this part introduces the legislativehistory of this crime ever since the establishment of new China, Firstly, penal code in1979does not crime of producing and marketing toxic or harmful food.NPCStanding Committee adopted the separate criminal “the decision of Punishment forthe Production and sale of shoddy goods” in1993.Secondly, penal code in1997developed Crimes of producing and marketing toxic or harmful food. Thus theproducing and marketing toxic or harmful food was judged guilty according to theformal provisions of the Penal Code.Chapter two includes the theory of constitutive elements of crime.Firstly, discussing the criminal subject.Secondly, in the identified producing and marketingtoxic or harmful food awareness of the subjective factors of the crime, so long as theperpetrator of the act against the result of “certain” of knowledge can, does notrequire the perpetrator of the harm resulting in a very precise knowledge. Thirdly,discussing toxic or harmful non-food raw materials. Forth, discussing the mixbehavior.Chapter three includes the morphology of the crime.It should be in some specialcircumstances, recognize the existence of the Discontinuance for crime; Study onjiont crime justice problems.Chapter four includes the Legislative defects. China’s food safety system ofcriminal has many problems, such as crime system is unscientific, the charges is relay,criminal responsibility is unreasonable.Chapter five includes the improvement suggestions. To improve the outcome ofcriminal law and the latest legislation. The main suggestions include to improve thecriminal system，enhanced criminal fines and penalties in the regulatory status of foodsafety role of the crime.