The Research On Endangering Food Safety Of Crime Number Shape

In recent years,the harm of food safety crime cases occurred frequently, food safety crime has been for the social and public debate,this kind of case is famous for the wide social harmfulness and large coverage,such as melamine exposure Sanlu infant milk pow;der incident,Sudan red oval, leather clenbuterol and other toxic milk Harmful food, serious crisis to the people’s lives and health, food safety scares to consumers. Impact on the healthy development of socialist market economy Face the serious food safety crisis, the use of the civil law has not effectively amomg regulation, hence the height of the criminal law educational world and the judicial notice, the criminal law as a powerful weapon, safeguard human rights should conform to the development of The Times, the function of ensuring food safety Especially in the criminal law amendment (eight) on production and sales is not in conformity with the safety standards of the crime of food production and sales of poisonous and harmful food and food regulation of malpractice under the background of a major revision, through perfecting legislation, the purpose of expanding scope of food safety protection, increase food safety crime crackdown. So about improving legislation and increase the intensity of punishment of a large number of academic papers, but studies the problem in the current criminal law is not much, especially to endanger the safety of food crime form of crime number field, is neglected. Perfect law is important, but the law is static, abstract, to exert the function of criminal law norms, must be combined with the judicial practice, seeking to correctly apply the current law of breakthrough. The current criminal law in the field of punishing crimes of food safety, the penalty of is indisputable fact that retain the death penalty, that the author is in front of the degree of punishment, the incidence of such cases is still high. Therefore, the author boldly corollary:not harsh enough punishment, but have a problem in the application of related judicial practice law.Important theory of equal status, is also more complex punishment law theoretical issues, related to distinguish between crime and the number of accurate definition of punishment (criminal responsibility shall be investigated for criminal) problems, reveal the value orientation of the criminal law, is to fight crime and to protect human rights. In endangering food safety more crime qi, intertwined, and crime of mutual penetration is fairly common, how to define the damage a crime and several crimes in the food safety crime is the confusion in the judicial practice, is also the main content of criminal law theory research.Endangering food safety crime number shape research both in theory and practice has its important significance. First, endangering food safety crime, crime number shape research can enrich the research achievements of this kind of crime, crime on the style arrangement, belonging to the third chapter disruption of the socialist market economic order, is typical of economic crimes, to study, to enrich the research results of the economic crime. Second, endangering food safety crime in the form of crime number research can promote the perfection of criminal law the basic theory of crime number theory. Once again, for the revision of the relevant criminal legislation enrich the theoretical basis. In the existing criminal law crime of endangering food safety and the regulation of economic crime, crime number there are many inappropriate place, such as article 183 and article 183 of the penal code of our country, the lack of enough theory according to. Finally, for the punishment harm food safety crime in the criminal judicial practice to provide guidance. Theoretically, bound to lead to chaos in the judicial practice. From a utilitarian perspective, this kind of crime research in the form of crime number, can judge the case for judicial provides the convenience of the thinking mode of thinking, do not waste not longitudinal, penalty when its sin, and earnestly implement the criminal law the function of the two aspects:one is the crime; 2 it is to protect innocent people from punishment. Out of the predicament, strictly implement the principle of legality, adapted for, give full play to the punishment deterrent effect, it is in this paper, we study the value of.In the process of thesis writing, mainly using the deductive method of logic analysis. From the point of the paper overall architecture, number with crime of endangering the food security behavior is the logical starting point. Behavior is the carrier of the crime, without sense the behavior of the criminal law, there is no crime, endangering the food security number should be a kind of criminal behavior in this paper the primary problem.