Research On Problems Of Food Manufacturing And Operating Crime

In this periods of food safety issues frequent appearance, to curb food safety crimes withspecific mandatory in criminal law, Criminal Law Amendment (8) use more severe penaltiesfor food safety crimes, changed the fine penalty to unlimited fines, expand the scope of thefight, bring food regulators to the scope of criminal regulation, linked Food Safety Lawpromulgated in2009more closely, replaced "health" to "security". However, scholars stillargued a lot in the existing criminal law provisions on food safety crimes, in the currentjudicial practice, food safety crimes incriminate standards and criteria are also very confusing.Under the controversy and confusion, many scholars believe that the provisions of thecriminal law on food safety crimes should be changed, and put forward different proposals.The author believes that, food as a product of modern industrial, has a full fledged industrialprocesses, many problems can be solved by combining with its analysis of the role andindustrial properties in the social market. This paper combined the crime of producing, sellingdo not meet the safety standards food and the crime of producing, selling poisonous andharmful food as Food Manufacturing and Operating Crime. Trial analysis andrecommendations the constitution of crime from the view of industrial, in order to solve sometheoretical inadequate judicial determination.This paper is constitute of Introduction, Text, Epilogue, Text is the subject of this paper,is divided into five parts:Part1: The analysis on legal interests of Food Manufacturing and Operating Crime.This part discussed three questions: The first is the legislation evolution of FoodManufacturing and Operating Crime, introduced the origin and perfection of this crime. Thesecond is legal interests of Food Manufacturing and Operating Crime, through analyzing thegeneral statement and several scholars’ point, the author insist, the legal interests of FoodManufacturing and Operating Crime is the order of the food control system and public safety,The former as the necessary legal interests, the latter is unnecessary. The third is its locationin specific provisions of criminal law, through the fomer analysis, the author think this crimeshould be in the crime of destruction of the socialist market economic order.Part2: The object behavior of Food Manufacturing and Operating Crime.This part discussed two questions: The first is introduction of the behavior of this crime,which claimed by scholars. The second is its object behavior on food risk assessmentindex, the author import the food risk assessment index, analyze the risk weights of every linkin this index, definit the object behavior of this crime.Part3: The target of Food Manufacturing and Operating Crime.This part discussed three questions: The first is the definition of “inconsistent safetystandards food”, analyze which safety standards the food should be conformed. The second isthe definition of “poisonous, harmful food”, through classifying “poisonous, harmful nonfoodraw materials”. Besides, analytic “waste oil”. The third is criterion to the target, the paper takethe “waste oil” as a precedent, suggest to find a way to determine other “inconsistent safetystandards food” and “poisonous, harmful food” as this.Part4: The subject of Food Manufacturing and Operating Crime.This part discussed two questions: The first is the subject of, this paper analyzed thefood market with the provision of Food Safety Law, listed the easily overlooked subject ofthis crime. The second is discussed whether this crime is status crime or not, introduce thetheory of status crime, explained the subject without management qualifications should beincluded in this subject.Part5: Suggestion of the judicial perfection of Food Manufacturing and OperatingCrime.This part discussed three questions: The first is the current situation of judicature,analyze the Shuanghui “Clenoburerol hydrochloride” and Yurun “Unsafe meat”. The secondis the way to solve the problem, according to the former analysis, and commentary somescholar’s suggestion of how to combat effectively the food safety crime, raise the author’ssuggesstion. The third is concret suggesstion,, the author suggested to formulate a judicialinterpretation of “the subject of food manufacturing and operating crime” and “the objectbehavior of food manufacturing and operating crime”.