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

The crime of the producing or marketing toxic and harmful food plays an important role in fight against the food safety crimes, safeguard public health, and maintain the order of the socialist market economy. Criminal Law Amendment (eight) was modified the crime of the producing or marketing toxic and harmful food, but it still needs to improve. Based on the theory of criminal law, combine with the needs of judicial practice, I should in-depth analysis the complex problems arising from the practical application of this crime, and put forward my own views and suggestions. The main content of this paper is divided into four parts:The first part, define the concept of the crime of the producing or marketing toxic and harmful food, analyzes the new legislation,"food" in the crime should be include food ingredients and food additives." non-food raw materials of toxic and harmful " does not include food additives, in accordance with the law, non-food raw materials of toxic and harmful as specified by the appraisal institutions what approval by the provincial department of health administrative. Types of behavior of the crime is divided into "incorporation" and "sales"."Incorporation" mean mixture the non-food raw materials of toxic, harmful and. The means of "Sales" is person who knew the truth of food mixed with non-food raw foods of toxic and harmful, and sell them to others. The contents of this concept, and analysis the new legislation.The second part, combine with the various views about accomplished situation of the crime of the producing or marketing toxic and harmful food, through in-depth analysis, I thinks that the accomplished situation belongs to conduct crimes. In the criminal law and the relevant provisions, analyze the crime accomplished form the act without value and consequence without value theory. There exist abortive form of this crime, person has started the act of product or sale, due to causes beyond volition, it leads to crime did not succeed.The third part, in the judicial practice, starting from the object of crime, the time and space conditions of crime, the accomplished situation or other aspects to distinct between this crime and others. On the basis the numbers theory of crime, the crime should be combined punishment for several crimes. There are mainly two kinds, the implementation of this crime and resist the execution with the means of violence or threat, and the production of poisonous and harmful food, while sales of other types of toxic, harmful food situation. The single punishment of three major types of this crime could be research, imaginative jointer of offense, implicated offender and continuing offence.The fourth part, combined with the theories of criminal law, summarizes the death penalty standard, the death penalty should be grasped from five aspects of the subjective malignant, personal dangerousness, social harmfulness, the subject and the criminal responsibility. At the same time, analysis of some factors affecting the application of the death penalty in practice, policy factors, public opinion and media coverage.