Research Of Several Controversial Issues On Crime Against Food Safety

Food Safety issue is always a focused issue and become a hot topic in the pastfew years. It’s an urgent and important task to ensure the safety of people’s food notonly on desk, but also on tongue. It’s necessary to improve the food safety supervisionsystem, especially to improve the relative system. Several Questions on theApplication of Law in Handle Cases of Crimes that Endanger Food SafetyInterpretation promulgated by the Supreme People’s Court and The Supreme People’sProcuratorate in April,2013provides guidelines to fighting crime against food safety.But there are still several issues worth probe in it. In this paper, the author choosesseveral issues of intense debate, and combines recent judicatory cases to analyze andresearch.Besides the Introduction and Conclusion part, this paper includes4chapters asbelow:Chapter ONE analyzes the harsh situation and legislation on food safety in China.The quantity of cases about crime against food safety is large; furthermore, the societyinfluence of crime against food safety case is great and serious, such as SanLu MilkPowder Case. These all require the more comprehensive food safety law system. Inour country, there are many economical laws and administration regulations which areused to standardize the food production and sale activities. And the crack-down oncrime against food safety of Criminal Law become harsher and harsher. In the third quarter, this paper introduces some content of Several Questions on the Application ofLaw in Handle Cases of Crimes that Endanger Food Safety Interpretationpromulgated by the Supreme People’s Court and The Supreme People’s Procuratorate.We need to pay more attention on that content, such as the choice of charge, theconfirmation of relative products in justice practice issue and so on.Chapter TWO analyzes the relationship between the concepts of Food, Foodingredient, Non-food material and poisonous and harmful Non-food ingredient;discuss the confirmation method issue in justice practice on poisonous and harmfulNon-food ingredient; and especially discusses the rationality issue of the newInterpretation changing confirmation method. Separating and understanding thoseabove concepts is a prerequisite to analyze Producing and Selling Poisonous andHarmful Food Crime and Crime of Illegal Business Operation and other crimes.Chapter THREE discusses the adjudication issue of purchase and sale Non-foodmaterial activities. According the new judicial interpretation, the activities should beconfirmed as Crime of Illegal Business Operation if the activities are made to provideand sale food to others, against national regulation, and producing and sellingNon-food ingredient which is forbidden to be used for food production and sale. Thisinterpretation enlarges the concept of Crime of Illegal Business Operation again. Atthe same time, this interpretation causes the inner incongruous of judicialinterpretation. The above activities should be confirmed as crime of producing andselling food which is not accord with safety standard or accomplice in Producing andSelling Poisonous and Harmful Food Crime.Based on the example that GURUN Company, RUIJUN Company and its personin charge import industrial cow and sheep oil, and sale to food processing companies,Chapter FOUR give a more specific analysis on the several issues written in the abovechapters, especially on the confirmation issue of Non-food ingredient related in thecase and the issue of whether the judicial interpretation is retrospective and othercontroversial issues.