Qualitative Research On The Use Of AB Powder To Immerse And Produce Bean Sprouts

This paper takes the judgment in the judicial practice as the analysis object. Based on the amendment background of relevant provisions on producing and selling toxic and hazardous food in the criminal law in our country, this paper concludes some problems exposed in the judicial practice, analyzes the definition of the food and food additives and the cognizance of toxic or harmful non-food raw materials in the current judicial practice and proposes that it is worthy of reflection on the practice of equal evaluation on the toxic and hazardous food. This paper interprets the original intent of relevant provisions, compares and analyzes the elements of constitutive requirements, and concludes that there is inadequate legal basis to the sentencing of producing and selling toxic and hazardous food by the judicial organs; further elaborates the judicial organs unable to make sentencing to producing and selling the food failing to conform to the safety standards and producing and selling fake and shoddy products and finally concludes such cases shall be sentenced to be innocent. This paper is composed of four parts.Part One introduces the facts and judgment basis.Part Two makes comprehensive analysis on the amendment background of the criminal provisions, the definition of the food and food additives, the cognizance on toxic and hazardous food as well as the application of the charge of producing and selling toxic and hazardous food.Part Three elaborates the lack of evidence for the sentencing of producing and selling toxic and hazardous food in the current practice from the perspective of the inadequate current fight basis, the definition of the nature of the planting process of bean sprouts and the interpretation of original intent of the legislation.Part Four makes comprehensive analysis on the law provisions and fact evidence and concludes that such cases cannot be sentenced as producing and selling the food failing to conform to the safety standards and producing and selling fake and shoddy products.