The Crime Of Producing And Selling Of Poisonous And Harmful Food

Risk society background,the food industry has already become a field of technology content and unknown risk.Food safety is not only disrupt the market economic order,and about the life and health of human groups.Sudan red duck eggs,chemical melamine milk powder,cooking oil,lean meat powder,ginger and other toxic food safety problems emerge in endlessly,people urgently requires the use of criminal law means.Production,sales of poisonous and harmful food crimes as a member of the food safety crime,in criminal law has appeared in the twenty years,but there are still many problems about the judicial application.Especially use the "no root agent"(contains 6-benzyl adenine,4-the oxygen ethanoic acid sodium chloride and gibberellin)and distributing the behavior of the "no root bean sprouts" from legal to illegal,again from guilty to innocence,exposed the judicial organ in the crime of producing and selling toxic and harmful food sin the cognitive deviation of mass itself.This paper USES case study method and literature research,through to the "no root sprouts" in April 2015 before 203 is guilty of criminal judgment and in April 2015,after two innocent treatment of the analysis of the legal document,it is concluded that"no root sprouts" error in sin for two reasons:one is the referee in accordance with the law,because of the judicial organs of the administrative crime,the abstract dangerous crime in article 144 of the criminal law of the essence of the does not reach the designated position,cause the "toxic or harmful non-food raw materials" and"abstract" error of judgment,feedback to the judgement is the reason why a guilty verdict,the acquittal on improper;Two is in evidence the referee,ignoring the risk society under the background of the uncertainty of technology risk,directly applicable experience reason for "no root agent" toxic judicial judgment,make "poisonous and harmful" truth that there is an error.This paper is divided into four parts:the first part,the emphasis on combing the "no root sprouts" case three aspect of the crime of crimes and the focus of dispute;In the second part,through the "no root sprouts"reflections on producing and selling toxic and harmful food crime judicial cognizance of the three normalized problem,there is no use of administrative criminal law respectively vision interpretation of this crime constitutions,without using the abstract dangerous crimes vision interpretation "abstract",under the risk society error using the judicial experience to judge "poisonous and harmful";The third part,through to the distinction between this crime and the approximate charges,it is concluded that "bean sprouts" case does not constitute,sales and shoddy products;The fourth part,put forward under the risk,shall follow the principle of the three crimes justice,dual illegality judgment principle,tolerance principle in criminal law,the technical principle of rationality.