The Judicial Assertion Of The Crime For Poison And Hazard's Food Product And Sale

"People's things are no small matter",food safety is such a relationship with thousands of daily life of the event.Thanks to the development of the network media,in recent years,criminals secretly carried out those crimes against food safety crimes,gradually lost the hiding place,was exposed to the people under the strict supervision,by the severe punishment Punishment,which although the other criminals played a certain deterrent effect,but has not yet been able to stop the root causes of such criminal acts,food safety is still very serious,"Sanlu powder","Jinhua poisonous ham" "Shanghai stained bread","Fu Xi expired meat" and other cases occur,people can not help but emotion,has always been rich in property,"Land of Abundance" of China,even the same can not let the national food edible? Based on the description of the crime of producing and selling the crime of poisoning and harmful food,this paper analyzes and studies the controversial problems in the judicial cognizance by combining the criminal law theory with the practical case analysis.Some of their own point of view.In addition to the introduction,this paper is divided into four parts.The first part mainly discusses the object of the crime.First of all,the author of the "food" in the definition of a detailed description,and support for its extension of a broad interpretation,that "food" not only for human consumption of finished products,raw materials and health food,including food ingredients and food additives;Is the definition of toxic and harmful non-food raw materials,the author combined with the academic point of view of the nature of food additives,derived should belong to the "food" category,only in the ultra-limited or super-range when it may be included "Non-food raw materials" to the conclusion;the final combination of China's first innumerable "poison bean sprouts" case based on the judgments of judicial practice on the "toxic,harmful" recognition of the standard changes.The second part is the identification of the objective behavior of this crime.This article advocates the behavior of this crime is understood as "mixed" and "sales" two;for direct non-food raw materials posing as food behavior,I believe that according to the principle of interpretation,should also be identified as the crime.The third part is the subject of this crime "subjective know" that.I believe that the subjective state of the crime should be intentional rather than negligence,both may be directly intentional,it may be indirect intent,and combined with their own daily life experience on the proposition can not contain direct intentional point of view refuted;,The author also combined with Cao Fang case,paragraph with the case of further analysis of the "knowing" the degree of requirements and specific criteria.The fourth part is the analysis of the limits between the crime and the related offenses.The author analyzes the difference between the crime and the production and sale of the food standard which does not meet the safety standard,and discusses the relationship between the crime and the production and sale of the fake and shoddy product in the judicial application.