On The Crime Of Producing And Selling Food That Does Not Meet Safety Standards

China's scholars discussed the risk of criminal law because of its root causes and risk of social existence, the risk of the two refers to the differences in the connotation. The most important feature of the risk in the risk society is man-made uncertainty, and China's food safety crime is aimed at the risk of traditional industrial society. The theory of risk criminal law can not serve as the guiding ideology of food safety crime. The law of the people's livelihood has not broken through the category of legal protection, but it is the innovation of the concept rather than the essence. The concept of people's livelihood criminal law is justified, but not necessary.Therefore,both the risk of criminal law or civil law is not suitable as a food safety crime guiding ideology.Legislation is questionable and scrutinized, but it is more important to explain the law in good faith. With the frequent food safety problems, but also led to the criminal law scholars thinking. Theoretically, there are many views that should expand the production; sales do not meet the safety standards of the crime of food crime. The provisions of Article 143 of the current Penal Code can effectively protect the safety of the tongue and protect the right to life and the right to health of an unspecified or majority person. Article 143 of the current Criminal Law can effectively protect the safety of the tongue, no need to "production,sales" to "production,management", without the other guilty of the crime of negligence.Criminal law theory considers that this crime is a specific dangerous offense. In order to solve the specific risk of crime and selectivity between the contradictions and the importance of safety value and people-oriented value, we can take this crime as an abstract dangerous offense.Understanding this crime as an abstract danger is a positive response to the value of security and the value of the people.