Study On Nature Of The Act Of Making And Selling Illegal Cooking Oil

With the progress of market economic of our country, issues relating to safety of food have being increasingly serious, which induced a number food safety crimes. Criminal legislation of food safety crime was promoted. However, the situation of food safety crime is still grim, which damage the image of our Nation and the life of the People, so we should pay attention to the food safety problem highly, especially the food safety crime. But when we deal with some problems about the food safety, some new case because lack of law, has many differences, Such as, produce The Illegal Cooking Oil crime.In this paper, though thinking the case of Liu, we can find the answer to Problems such that how to identify the crime of production and seal The Illegal Cooking Oil and what crime should be affirm, how to punish and find the base of the punishment. How to deal with the same case, which stand of The Food Safety Crime‘s question is thought too. The main structure of the thesis is as following:In the first part, the basic information of this case, and the description of dissension in the trial process, Summary of the hot point in the debate is introduced, for, the point of the debate has Liu is crime or not, and what charge is suit to him, and how to punish Liu, which is the key of the case of Liu. All above, lay the foundation for this paper.The second part, mainly introduce the basic theory of Criminal Law, which is about The Illegal Cooking Oil crime. And also the most important part of this thesis. the basic theory of Criminal Law is used to analyses some problem, Such as, the necessary terms of The Illegal Cooking Oil constitute a crime, the name of crime for Liu. However, for the writing this paper, the problem about Judicial Interpretation’s time retrospect and the theory of the quantity of crime will be discussed.In the third part, combined with the second part of the theoretical basis, then determine the nature of Liu’s behavior. And evaluate point of accuser, defense and the court.After the conclude part, how to deal with the same case is thought. And the suggestions about the problem of The Illegal Cooking Oil’s judicial interpretation and the supervision’s system in this paper will be proposed.