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Research On Complex Problems Of The Crime Of The Producing Or Marketing Toxic And Harmful Food

Posted on:2015-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:S N LiFull Text:PDF
GTID:2336330485490664Subject:Law
Abstract/Summary:PDF Full Text Request
The issue of food safety related to the health of the public, and it has attracted widespread attention from the public over the years. In recent years, some criminals product or market toxic and harmful food at the expense of the public health and safety for the excessive pursuit of economic interests. In recent years, the food safety incidents have been exposured frequently, such as Sanlu milk powder incident, Shuanghui lean event, Taiwan region's "plasticizer" storm, Abbott imported milk powder incident, fake nests event, poison bean sprouts event, "waste oil" events and so on. All of these have infringed the public health seriously, disrupted the National Food safety regulatory system and damaged the party and the government's credibility. Therefore, it is imminent to strengthen the food safety crackdown on illegal and criminal acts and accelerate the process of building a socialist legal system. China's "Criminal Law" Section 144, the Crime of the Producing or Marketing Toxic and Harmful Food, has blown to the food safety criminals strongly and protectde the public health and safety to a certain extent. However, it also has shortcomings in judicial practice. Therefore, it has important practical significances on the analysising and researching of the Crime of the Producing or Marketing Toxic and Harmful Food.The case of the country's first king, all aspects of production and sale of "waste oil" crimes-Zhejiang Ningbo "waste oil" was worked as the clue through this paper. And the author has analyzed the Crime of the Producing or Marketing Toxic and Harmful Food in theoretical and practical applications related to the difficult problems deeply in this paper. This article has discussed three aspects. In the first chapter, the author has introducted the current status of "waste oil" crimes to China and the famous Zhejiang Ningbo "waste oil" National Crime. In the second chapter, the author has researched the complex problems of the Crime of the Producing or Marketing Toxic and Harmful Food. In this part, the author has analyzed and discussed a number of difficult problems of the Object of the crime, the Objective aspect of crime, the Subject of crime and the Subjective aspects of this crime deeply from the view of the justice theory, the legal understanding and evaluation of Zhejiang Ningbo "waste oil" case. In the third chapter, the author has analyzed and researched the legislative defects, the judicial identification difficulties, the application of legal and the defects in supporting enforcement mechanisms exposed by judicial practice. The author also has combined China's current national conditions with the advanced experience of foreign countries, and has put forwarded some improvement recommendations from the legislative level, the judicial level and the enforcement levels to the improvements of the criminal regulation of this crime, the protection on food safety, the efficiency of food security regulatory, and the protecting of public life and health.
Keywords/Search Tags:Food safety crimes, Toxic and harmful, Product, Sale, Incorporat, The Subject of crime, Forensic
PDF Full Text Request
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