Study On Regulation For The Crime Of Producing And Selling Poisonous And Harmful Food

In recent years, the crime of producing and selling trench oil, is one of the most prominent issues in the field of food's safety. There is much disagree and divergence about the handling of such cases between practitioners and theorists. For dealing with the crime of producing and selling trench oil, the Supreme People's Procuratorate issued Liu Liguo's case as a guiding case which producing and selling toxic and hazardous food, production and sale of counterfeit goods to to regulate and unify the judicial application. Because of the complexity of producing and selling of "trench oil" case, the violation of the direct object is different, therefore, on cases of production and sale of waste oil treatment can not "across the board", but should concrete analysis this concrete problems. About the situation which producing and selling trench oil leading waste oil into the market of edible oil, should be convicted of the crime of producing and selling toxic and hazardous food; About the situation which producing and selling trench oil leading waste oil into the market of non edible oil, should be convicted of the crimes of production and sale of counterfeit goods. In order to effectively regulate the crime of producing and selling waste oil, it's necessary to further improve the legislative technology, and also clear the criminal responsibility of the holder and storage, and still improve food's safety standards and testing technology.