Research On The Problems Related To The Production And Sale Of Poisonous And Harmful Food

China's economy continues to grow rapidly in the environment,food safety issues are more and more people's attention.With the "poisonous rice","Sudan red" chili powder,"waste oil",hot pot" poppy shell powder","milk powder" and other food safety incidents have been exposed,the public on the food industry's most basic trust gradually eroded.Therefore,in such a grim situation,we should give full play to criminal law education,discipline,the role of prevention,refine and clear the crime of identification standards,and thus a strong blow to food safety crime.Production and sales of poisonous and harmful food should constitute the elements of the crime,including the crime of the main body does not require its food business qualification units or natural persons;the subjective aspects of this crime as long as the "presumption of knowing"can be determined subjective intentional;The objective aspects of this crime,"poisonous,harmful" should be determined from the quality and quantity requirements,"non-food raw materials" should be excluded from the scope of all food raw materials,including food additives,"production,sales" Consumers before the whole process of behavior,"mixed" the way should be abstract and diverse.This crime should be an abstract dangerous offense,and there is a crime to prepare,attempted,suspended and then stop the form.And for the basic offense of this crime should be applied to the lesser discretion of the free penalty and more applicable to the fine penalty and qualification punishment,is conducive to achieve the guiding role of criminal law and preventive effect.This crime is different from the crime and the type of danger in distinguishing from the production and sale of food that does not meet the safety standards;from the objective aspects of the crime,the violation of legal interests and subjective purposes to distinguish from dangerous methods to endanger public safety.