Liuliguo Producing "Gutter Oil" Legal Analysis Of The Case

Taking LiuLiGuo producing "gutter oil" case as a typical case, for the disputed points ofthe prosecuting and defending parties, combined with the current criminal law of our countryhave rules about food safety problem, a deep insight into cooking oil related cases emerge inendlessly. And combined with our country economy is in a rapid development period of thisparticular historical period characteristic, considering the order of socialist market economy inour country still is not very imperfect factors, makes every effort to find contain "gutter oil"related crime, protect people’s personal and property interests are not violated, maintain thenormal order of social life, to promote the harmonious development of the people and people,people and society. Specifically this paper is divided into the following four parts:First, to the present society of common concern to the national food safety problems,especially the analysis of edible oil safety problems, understand the meaning of this researchthesis and value, and combined with domestic and foreign research present situation generalclarity in producing "gutter oil" the attitude held by the parties in the crime and differences inplace, for the following in-depth discussion of these "gutter oil" crime provides sometheoretical support.Second, combining with the specific case-LiuLiGuo producing "gutter oil", on the basisof understanding the case, the clarity of the prosecuting and defending parties in the dispute,find out the basis of each side, through the analysis of both pros and cons, thus presenting theauthor’s point of view a little bit. Is specifically, LiuLiGuo producing "gutter oil" behavior isnot normal production and business operation activities of violating criminal law but crime,the behavior is not due to the "criminal law" provisions of the word "mixed" restrictions andisolated in production, sales of poisonous and harmful food crop and refracted by theLiuLiGuo case in our country criminal law in the regulation of these "gutter oil" arising in theprocess of crime., of course, the author’s claim is not single-handedly, but a combination ofall the people the idea of essence, combined with the author meanness fusion point of view.Including the crime of endangering public security, said on the dangerous crimes said, as well as the production and sales of poisonous and harmful food sin said. Specific targeting of these"gutter oil" the theory content of crime are detailed in the following article will, here is nothere.Third, in LiuLiGuo producing "gutter oil" in the author analysis the SINS in producingand selling toxic and harmful food, from two aspects of legal sentencing plot anddiscretionary sentencing plot analysis LiuLiGuo penalty problem. Whether the sentencing plotrevolves around a "particularly serious circumstances", because our country criminal lawcrime of producing and selling toxic and harmful food in a "particularly seriouscircumstances" has not made specific provision, when sentencing punishment so made thediscretion to lack of operability. This article for "especially serious circumstances" thatconsideration of some legal norms, rules, similar to the food safety crimes and social harmdegree, on the sentencing applicable conclusions are drawn, hope for life after "gutter oil"crime on sentencing analysis provides some reference.Fourth, through the above analysis, the author in the regulation of these "gutter oil"crime of some not perfect place to find out, and combined with the corresponding problemsthe author put forward some opinions of his and improving means. These problems is not, ofcourse, in producing "gutter oil" in the crime of all questions, have put forward thecorresponding perfect measures may not quite right, but it is within the scope of the ability toput an end to these "gutter oil" render some of the crime.Finally, the author thinks that to so far, the largest of these "gutter oil" case LiuLiGuocase as an example analyzes such cases within the scope of the "criminal law" the convictedand punished there is a case of exemplary role. For the case of the production, sales modelalmost covers all of these "gutter oil" patterns of behavior, the prism is also the mostrepresentative and controversial problems. Problem is studied for the case reflected can betterguide later in the trial of these kind of crimes "gutter oil", the normal production and selling"gutter oil" products and "gutter oil" crime, accurate positioning and given circumstances ofthe crime and he’s right. At the same time the author want to produce "gutter oil" crime putsforward some suggestion to perfect USES, also be alert to people.After this article research significance as well as for producing "gutter oil" in practice into the crime sentencing has certain reference value, for stable and also have certain effect.Due to serious food safety problem this year national for the\"made in China\" someexclusive, even advocating foreign brands, recently appeared in the\"China aunt went toSouth Korea stock" is typical. The great attention of academic circles will to a certain extent,ease the national trust.The end, the author will put an end to these "gutter oil" class crime’s desire to write, toprotect the safety of food safety at an early date into our table of food.