Analysis Of The Crime Of Producing And Selling Poisonous And Harmful Food

The production,selling poisonous and harmful food crime,refers to the producer,the seller in violation of national food hygiene regulations,deliberately in the production and sales of food mixed with toxic and harmful non food raw materials or knowingly sells mixed with toxic and harmful non food raw food behavior.The object of this crime is a complex object.It is not only a violation of the order of the supervision and management of food hygiene in the country,but also a violation of the vast number of consumers is not specific to the majority of people's life and health rights.So it is very necessary and meaningful for the study.This paper focuses on the production,selling poisonous and harmful food crime cognizance,to Jo stores the soup with noodle poppy case for empirical research.The main focus of controversy in this case:one is Jo knowing whether the soup is poisonous,harmful.Two Jo constitute the crime of throwing dangerous substance,or production,sales do not meet food safety standards crime or production,or selling poisonous and harmful food crime.The three is that some franchise owners added poppy soup,the soup in a timely manner how to identify the crime behavior.In this case the trial court judge Jo knowingly soup poisonous,and Jo's crime as a behavior The production,selling poisonous foods.For some time after the court franchise knowingly destroyed as does not constitute a crime.This article from the facts and evidence of the production,selling poisonous and harmful food and knowing the content of subjective knowing,this crime and other similar crimes were divided,the morphological identification is not complete the problem of the theory,on the basis of normative analysis,combining with the decision,the same type of cases in the judicial practice concluded.At the same time,recommend legislation in the subsequent legislation based on the trial practice,learning from foreign legislative experience,from law and other alternative remedies to supplement and improve the production,selling poisonous and harmful Food crime related laws and regulations and judicial interpretation,provide a legal basis for more scientific and adequate for the treatment of similar cases.Only in a comprehensive and in-depth grasp the boundary of this crime,can be a real production,selling poisonous and harmful food crimes criminals to justice,it will not be wronged clean,conniving evil.This paper mainly uses the case study method,comparative research method,historical research method,literature research method.On the basis of literature research,selected case,analyze the related cases,through the analysis and demonstration of the dispute cases selected and identified in the judicial practice and operation,through the judicial practice case feedback theory and the law really.Use induction and deduction,abstraction,comprehensive analysis and other ways of thinking.In through the analysis of several cases,which have a more clear understanding of the cognizance of crime,eventually to use more freely in our law in practice.