A Study On Applicable Law Of Producing And Selling Clenbuterol

Food safety problem is an important part of our life and health, is an important part of national economy and people’s livelihood, at the same time also is the talk of people to dinner. With the expansion of human social and economic development, and constantly food safety crime happened again and again to alarm us, further strengthen and perfect the crime of endangering the food security of the criminal law regulation is imminent.Based on much of the nation in2011in henan province Liu Xiang people such as production, sales, clenbuterol case as an example, the henanjiaozuo municipal intermediate people’s court of first instance ruled Liu Xiang people such as production, sales, clenbuterol behavior constitute the crime of endangering public security with dangerous method, and the department of a joint crime, Liu Xiang was sentenced to death penalty, suspended for two years, the rest of the four people was sentenced to the punishment of different sentences. Liu Xiang rebellious people, such as appeal in accordance with the law, second instance court upheld.In this paper, about2.1million words,this paper mainly consists of the following four parts。The first part, the basic information of the case, namely Liu Xiang people such as production, sales, Clenbuterol case is introduced and the court’s decision, so that the case of disputes, mainly includes three aspects:first, should be convicted of differences, second, whether to belong to the dispute of joint crime, the third, should be the death of Liu Xiang debate. Thus summed up the relevant debate。Contention in the second part, it is the first part of the legal principle analysis, mainly from the following aspects:first, the generalization of the legal nature of Clenbuterol, second, combining the case analysis of the crime of endangering public security with dangerous method, then is to Liu Xiang et al., production, sales, the behavior of Clenbuterol, once again, as sellers Liu Xiang etc. And as a buyer of Chen Yuwei, xiaobing, and whether a joint crime between pig farmers, finally, analyzes the rationality of the court’s conviction and sentencing。The third part, the first part of the demonstration through the various views on the case analysis, and draw the following conclusions:first, Liu Xiang and others constitute the crime of illegal business rather than the crime of endangering public security in a dangerous way, the court’s decision is a poor, second, production, sales, Clenbuterol between the buyer and the buyer is not a joint crime, because they do not exist in common criminal intention and behavior, the court considered questionable。The fourth part, the case study of Revelation, that is, through in-depth analysis Liu Xiang et al production, sales Clenbuterol case, hope that the judiciary in adjudicating related production, salesClenbuterol case should a reasonable grasp of theory and practice, strict compliance with crime legal principles to decide cases and urged the introduction of judicial interpretation of the constituent elements to the crime of endangering public safety will be elaborated in order to reasonably apply the crime.