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Research On Several Issues Concerning The Crime Of Producing And Selling Toxic And Harmful Foods

Posted on:2019-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:J W LiFull Text:PDF
GTID:2356330548461734Subject:Law
Abstract/Summary:PDF Full Text Request
The continuous development of economic globalization has brought about continuous progress in the social economy.People's dietary culture and needs have also become increasingly diversified.However,they are similar to “pseudo-eggs”,“lean meat essence”,“ditch oil”,“toxic milk powder”,etc.The successive appearance of a series of food safety problems has seriously endangered the citizens' health and life safety,and the social impact has also been very bad.The State promulgated the "People's Republic of China Food Safety Law" to regulate the food industry and improve the food safety supervision system.The "Criminal Law Amendment(8)" that began in 2011 revised,standardized the range of sentencing,and increased the punishment for such crimes.However,due to the consideration of the objective needs of the Chinese people's physical health,the revised statutory penalties appear to be slightly too light.The judiciary's discretionary power is too large in the consideration of sentencing.There are many aspects to the determination of this crime.dispute.The development trend of the food safety issue is still very steep,so the research is very necessary.According to the guidance case issued by the Supreme People's Court,the company's production and sales of health capsules containing diterpenoid hydrochloride were used as written clues.Based on the theory of criminal law,the difficulties in the application of the crime were analyzed and analyzed in an objective way.One by one to identify,and through the analysis of the subjective attitude of production and sellers,whether their subjective judgments,and ultimately convicted the offender.At the same time,in response to the difficult issues encountered in the judicial practice,we pointed out the existing food safety supervision and defects in the legislation in China,and proposed legislative and judicial suggestions on how to improve the corresponding mechanism,so as to expect the broad masses of the people and the country's society.More emphasis on food safety issues.
Keywords/Search Tags:Production and sale of toxic and harmful foods, Determination of toxic and harmful non-food materials, Knowingly, Joint crime
PDF Full Text Request
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