Discussion About The Subjectivity Of TheProduction, Sales Of Toxic, Harmful Food Crime

The world food safety problem has become the social effects ofpollution and war racing together bridle to bridle，a serious threat to people’s health andlife safety，but also make the life of people into a panic.Food security is always a hotissue of the society of our country，the food security situation is not optimistic，poisonous milk powder，leather clenbuterol and so on，all without exception is aboutfood food safety it is directly related to people health and the people’s livelihood，relatedto the broad masses of the people’s consumption safety.This paper first on the production，sales of toxic，harmful food crime werereviewed，including production，sales of toxic，harmful food crime concept and theresearch status at home and abroad were summarized and analyzed;secondly，toproduction，sales of toxic，harmful food crime are analyzed.Object of crime， includingdetermining the objective element of a crime，crime determination of main elements areidentified and subjective elements of crime determination portion，and the production，sales of toxic，harmful food crime subjective culpability of " knowing ";definition;production，sale of toxic，harmful food crime " subjective knowing " judgment adetailed analysis. Finally，by analyzing the similarities and differences of the crime andthe crime of endangering public safety， to come to the conclusion of this crime shouldnot be included in the crime of endangering public safety.In this paper， emphasis on production and sales of toxic and hazardous foodsubjective guilt determined according to China’s criminal law treats the basic position ofthe offense， on the basis of home and abroad research focus， focus on existingproblems through the process of recognition of the subjective guilt of the sin analysis.To achieve the purpose of accurately hit crime of the case， and thus contribute to themaintenance of people’s lives and safety and health.