Discussion About Investigation Difficulties And Countermeasures Come From The Cases Of The Producing Or Marketing Toxic And Harmful Food

With the development of economic globalization, countries all over the world diet culture constantly outreach, mutual influence, mutual integration, food safety and health become an issue of great concern, more and more food businessmen turn a deaf ear to public life and health for their own interests. melamine, drainage oil and so on are full in our food, a variety of new additives to emerge, all kinds of illegal use of additives excessive behavior can be heard without end, not only breaking people’s lives, but also making a serious threat to the country’s reputation. Food safety crime has become a public security organ key striking object, but the food safety accidents not only failed to curb, but increasingly. In recent years, according to the statistical data of the public security organs, there are a variety of security problems processed foods on the market, even the vegetables, grain and other basic crops are polluted. Liaoning, Henan and other places found large using of a banned additive to soak for production of "poison bean sprouts", there makes people worry. This paper tries from "poison bean sprouts" case as an example, starting from practical point of view, difficulty in investigation summary such food safety crime. This paper is divided into the following four parts:The first part is to introduce the basic facts of the case, the "poison bean sprouts" clues are provided by the a peer competitor to criminal suspect, the investigators conducted preliminary investigation to determine the authenticity of clues,and then start a search tool, the normal production of bean sprouts were found at the crime of small workshops, additive, packaging and injection additive injector has been well used, seized a large number of "poison bean sprouts".The second part elaborates problems encountered when the case, the case the biggest point of controversy is a crime intentionally subjective cognizance, formed three different opinions, and analyzes the influence of different opinions on the case, demonstrate qualitative subjective cognizance and the objective behavior of the criminal suspect in the case, research on the treatment of such cases of subjective and objective mainly standard determination, finding practical identification standard.The third part of the analysis of the difficulties of investigation work in such cases, the main channel for such cases the clues to the narrow, often by the relevant administrative departments found in regulation of criminal facts, or the masses report, the lack of active acquisition channels; crime subjective cognizance of the case of poisonous and harmful food production, sales of such difficult, becomes the key point whether to initiate the collection of evidence; complex, professional and strong, investigation personnel requirements higher professional quality, increase the difficulty for investigation; the administration of food safety supervision is insufficient, many suspect crime often only discovered in harm, did not do very good precautionary measures; detection mechanism is unknown, making it difficult to master the key evidence of conviction of crime suspects.The fourth part of the combination of practice case, put forward the corresponding countermeasure, to broaden the source of clues, increase the initiative to obtain clues to the way, to ensure reliable clue sources; cognition factor and will factor to define the crimesubjective intent; strict liability system to establish food safety, meet the actual needs of the case; from the strict supervision of food production, improve technology and equipment the food safety supervision, provide favorable security hardware for the investigation of cases.