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Search On How To Suit Crimes Of Producing And Marketing Poisonous And Harmful Food

Posted on:2014-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiFull Text:PDF
GTID:2296330434951915Subject:Law
Abstract/Summary:PDF Full Text Request
Production and sale of toxic and harmful food crime is a crime which is established by Criminal law to protect the life and health of the public safety and national food hygiene supervision and management system. The object of this crime is a complex object, on the one hand,damages the life and health of majority of consumers, on the other hand damages the country’s food hygiene management systems constitute. As the objective aspect of the crime of " mixed " behavior in two forms:one is toxic and harmful ingredients added to the production and sale of food; second is the direct sale of toxic and harmful non-food raw materials. One of the " selling" acts should be understood more broadly refers not only to the sales cycle itself, but also should be the acquisition, storage, transportation, and other sales prior to the implementation of a series of preparatory acts included. The subject of the crime, including toxic and hazardous food producers and sellers, in addition to a natural person, the unit may constitute the crime of the subject. Subjective aspect of this crime is indirect intent, can be summarized as "knowingly+faire", as to whether there is profit purposes, does not constitute a necessary condition for this crime, but can be used as a deliberate sentencing factor. In this crime conviction and sentencing of judicial practice, the distinction is an important crime or the perpetrator subjective boundaries of their production and sales of food in the presence of toxic and hazardous substances in the existence of" knowingly." And accurately define and grasp the " food " range as well as the perpetrator’s subjective state of mind is the distinction between this crime and other related charges of the key. The nature of this crime is committed acts must go through a process to achieve the completion of a crime state, rather than a start to finish.
Keywords/Search Tags:Crimes of Producing and Marketing Toxic and Foods, Specialconstitutive elements of a crime, Determination
PDF Full Text Request
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