Judicial Practice Of Production Of And Sales Which Do Not Meet The Standards Of Food Sin

With the rapid development of economy，how to regard crimes of endangeringfood safety becoming a very important topic. Should we hold "severe" or "tolerance"attitude? Should we focus on protecting the public interest or focus on protecting ofcriminal basic human rights crimes? The key to handle this problem, which not onlyrelates to people’s security on the tip of the tongue, and also relates to the problem ofthe establishment of the modern concept of rule of law, is rationally in using criminalpolicy of combining punishment with leniency in the judicial practice. This paper istarget at judicial application of the crime, and systematic discuss how to fairly treatthis crime. The paper is divided into the following four parts.The first part is about interpretation and grooming of the accusation’s historicalbackground and the evolution, and we make a systematic analysis of the value of thepursuit of the legislators and the judiciary behind several legislation reforms.The second part analyzes deeply judicial status of the accusation in China,especially in rationally discussing and analyzing its irrational parts and reasons.As the focus of paper, in the third part the author focuses on obligatory value ofthe accusation under the criminal policy of combining punishment with leniency. Inparticular, we make a comprehensive analysis of the judicial application in "wide" and"strict" value elements.As the judicial application of criminal countermeasures section, the fourth part systematically illuminates the solutions to deal with the crime in reasonable range, interms of subjective and objective culpability, criminalization and decriminalizationtheory and enactments overlapping theory. And from the perspective of food safetyprecautions, this paper also makes suggestions about how to affirm the malfeasance offood supervision.