The Judicial Assertion Of The Crime For Poison And Hazard’s Food Product And Sale

With the deepening development of the socialist market economy, its spontaneity, blindness flaws more apparent, food safety issues is the best example.In recent years, "Sudan" incident, "melamine" incident, "waste oil" incident, "lean" event,,,,,, all the people involved.Although the national economic level greatly improved, but the quality of the people, but compared to lag, more and more food producers and distributors to national health expense earn dirty money, and people are increasingly holds many lessons for the food does not rest assured. A small vegetables, grain of rice, are also full of fears. "Eat not worry, do not eat at ease" has become the moment people are food on the table the most realistic portrayal. Thus, the importance of food safety issues without delay.This article from the "Criminal Law Amendment (h)" fix the production, sale of toxic and hazardous food crime a crime of this paper studies the current situation of food security in order to get inspired.In this paper, for the production and sale of poisonous foods elaborated from three aspects, each of which are adopted by the case of a problem leads the way, this case study to promote that is, from the specific to the general method is often used logical reasoning, but also in line with the thinking process.First, the crime or identify, research production and sales base poisonous foods, and only understand the constituent elements of the elements of this crime, what is meant by "food", what is meant by "non-food" and "sales", "incorporation "subjective aspect of this crime and for the identification, in order to carry out research in other areas.From the elements of this crime to understand, everything else is unfounded fantasy. But only to understand its elements, is not enough, so the second part of the study will be the boundaries of the crime and a dangerous way crimes against public security and production, sales do not meet food safety standards of sin.Based on accurate understanding of the crime and similar charges boundaries, the first part will be more in-depth and thorough understanding.Finally, the criminal law provisions on the crime Subjects form, applying it to this crime, the crime that is found in the special problems of crime and criminal attempt to suspend aspects. Only in-depth grasp of the above three aspects to the real criminals producing and selling toxic and hazardous food crimes brought to justice, it will not wronged clear who condone evil.This law is enacted in the provisions of a paper, which only applied to judicial practice, to solve the people hardship, such a law is the benefits the country and there is effective.Therefore, the full text of this article are based on judicial practical perspective, through three case studies, to resolve this crime judicial practice identified problems, the implementation of food safety issues into practice in order to appeal to the community the importance attached to the issue of the final national We can eat safe food.