Research On The Evaluation Of The Behavior Of Production And Sale Of "Non Root Bean Sprouts"

In recent years, many parts of the country ensued prohibited additives soaked bean sprout production, the banned additive soaking and production of bean sprouts, known as "poison bean sprouts", mainly discussed in this paper is added 6-benzyladenine bean sprouts, so the following system called "rootless bean sprouts. May 2,2013, the Supreme People’s court, the Supreme People’s Procuratorate announced the interpretation on Several Issues concerning the application of law in the handling of food safety hazards in criminal cases, local public security organs increased the investigation efforts, local courts also explain the basis for processing the case of a large number of violations of bean sprouts.The author found that through document retrieval, the same is soaked bean sprouts with banned additive behavior, but a different charge, the referee different "situation. This paper from the selected case as the representative is discussed. The key findings lead to different judgments in nature and behavior of bean sprouts 6-benzyladenine is not clear. Followed by analysis to determine the nature of bean sprouts behavior "rootless bean sprouts" behavior of the criminal law appraisal significance to production, sales, of agricultural products and food for in-depth analysis that bean sprouts of primary agricultural products, hair bean sprouts is the seed of "second planting, should belong to the cultivation of crops. Through the analysis of the current regulations about 6-benzyladenine, namely the State General Administration of quality supervision, inspection and quarantine prohibited food production enterprises in the production, sales of 6-benzyladenine and current our country of 6-benzylaminopurine in bean sprouts using standard, currently in China in this respect and no corresponding standard, coupled with 6-benzyladenine on food safety risk assessment and banned the use of reason analysis identified in the bean sprouts specification 6-benzyladenine is safe to human body.Finally, according to the typical cases of the referee conclusions for evaluation, the author believes that the act does not constitute the production, sales of toxic, harmful food crime; The behavior of the bubble is not the production of bean sprouts, sales of 6-benzyladenine made "no root bean sprouts" does not belong to the sale of fake and inferior products, so Wu’s behavior does not constitute the production and sale of fake and shoddy products.The available evidence cannot prove "rootless bean sprouts" enough to cause serious food poisoning or other serious foodborne illness, therefore in the case of Yang Moumou behavior did not constitute the production, sales do not meet the food safety standards of the crime.The author believes that the production and sale of "no root bean sprouts" behavior is reasonable.