The Conviction Research Of "Sanlu Milk Powder Case"

The food is very important part of our life. Even if When the green food is highly promoted by the public today,the security risks of food is threatening people’s life.The crime of producing and selling toxic and hazardous food in The Criminal Law Amendment Ⅷ is considerably revised to stop the spread of crimes of producing and selling toxic and hazardous food. With the increasing demand for food qualify in our society, the revision of the penalty of the crime of producing and selling toxic and hazardous food is insufficient. After affairs happened like "Sanlu milk powder""problem steamed bread""industrial gelatin", the revision of this accusation becomes a crucial topic which draw attention among the theorists with their various opinions. Therefore, the study of the crime of producing and selling toxic and hazardous food is necessary.In the judicatory practice of the crime of producing and selling toxic and hazardous food, with the diversity of the subjects of crime, the conviction and sentence is decided by the judgment on the subjects of crime between crime unit and individual crime. The boundary between food and products is very important to conviction. Although This crime is an act offence, confirming accomplished crime or abortive crime is significant.Through the analysis of Sanlu milk powder case, this paper is to study the crime of producing and selling toxic and hazardous food from several perspectives as following:the subjects of this crime:unit crime and individual crime; accomplished crime and unaccomplished crime; the conviction in case of overlap of criminal articles; comparison between this crime and crime against public security. This paper is also try to conclude the conviction and sentencing of Sanlu milk powder case as well as figures out the shortcomings of food industrial rule in our country. For remedying the insufficiency of law and reducing criminal behavior, this paper is to try to propose the improving suggestion of legislation which is aiming at protecting people health.