The Necessity Of Establishing Crime Of Possession Of Endangering Food Safety In Criminal Law

Food safety be weightier than Mount Tai, the community generally pay attention to food safety issues.But the frequent occurrence of food safety incidents, criminal acts endangering food safety appear one after another, criminal law scholars are paying more and more attention to the crime problem of food safety hazards, the gradual deepening of research on food safety.China’s current criminal law, the crime of endanger food security system is not perfect, the relevant provisions on production, sales do not meet safety standards of food crime, production, selling poisonous and harmful food, and other crimes, mainly covers the production, sales, supervision behavior, but ignore the storage, storage and other holdings.The author thinks, the criminal law of our country should increase the illegal possession of unsafe food crime, crime related to production, sales link cohesion, improve the food safety crime system.This paper aims to study a type of food safety hazards crime, construction of illegal possession of unsafe food crime, a type of food safety hazards crime from four parts to explain.The first part, the definition of unsafe food category. According to Article143rd of the criminal law and article144th, the author thinks that the unsafe food, including food and poisonous and harmful food, do not meet safety standards.The second part of the theoretical foundation of food safety hazards holding type crime, namely crime of possession. From the historical development of longitudinal, lateral aspect of the crime of possession and the concept of crime of possession, and in-depth analysis of the connotation, nature and hold a type of crime characteristics. Focus on the characteristics of the proposed holding type crime, crime of holding five characteristics, specific object, holding dominant, time continuity of holdings, complementary type of crime and the subjective characteristics of crime of possession possession. The second part, the necessity of adding the possession crimes of endangering food safety. The increase of crime is mainly because, frequent food safety hazards holdings, holdings of unsafe food harm is serious need criminal law, increase the crime is conducive to curb, prevention of food safety crime, but also conducive to the maintenance of the national market economic order, which is also our criminal policy of combining punishment with leniency requirements.The third part, from the object of crime, the objective elements of crime, subject of crime, crime subjective elements of the four elements, the concrete construction of food safety hazards of possession crime, focuses on the analysis of the crime of subjective and objective. Compared with the crime of possession, possession of the objective aspect of crime of food safety hazards are obvious, stressed that the behavior people hold a certain amount of unsafe food, and unsafe sources and uses of food can not be verified. Finally, in the fourth part puts forward the specific charges of possession crimes of endangering food safety for illegal possession of unsafe food crime. Using the theory of four requisites to constitute a crime, the illegal elements of the crime of holding food insecurity.