On Issues Relating To Crime Of The Producing And Marketing Toxic Or Harmful Food

Food is the material base for people to survival. Food safety is the foundation and essential factor of safeguarding the human survival and the society development. Food safety issues have been noticed in the society. The crime of the producing and marketing toxic or harmful food is one of the most serious forms in the crime of endangering food safety, and has been playing a very important part in fighting against crimes about the food safety, maintaining the order of the socialist market economy and safeguarding public health. So the study of this crime has an important practical significance. This paper consists of five parts, not including the introduction.Through in-depth analysis, I will combine with the various views on the accomplished crime in producing and marketing toxic or harmful food in the first part of this paper. So this paper holds the opinion that the crime of the producing and marketing toxic or harmful food is a typical abstract dangerous crime. In the second part, I divided the type of criminal behavior into "the production behavior" and "the marketing behavior". I think that, "the mix behavior" is one of the most important components in the production behavior, but cannot be separated as a type of behavior. The third part focuses on the research of the behavior-objects. The author thinks that the crime of "food" should not contain "food additive", and "non-food raw materials" refers to the materials which are not the raw materials. At the same time, the author researches on issues relating to "toxic" and "harmful". Non-food raw materials of toxic and harmful should be specified by the appraisal institutions with the approval of the provincial health administrative department or above. In the fourth part, the paper focuses on the knowing that plays an important role in the critical limits of culpability or not. The fifth part points out the shortcoming of the food safety criminal legislation, such as criminal law system should not reasonable, and I also give some suggestions on how to improve the criminal system and enhance the penalties in the regulatory status of food safety role of the crime.In short, the importance of food safety is obvious to all of us. So the research of the crime of the producing and marketing toxic or harmful food is significant. It can not only reduce the food crime and protect human health and life security but also can benefit the development of Chinese legal system. We can realize the great goal of constructing harmonious society ultimately.