On The Standard Of "Toxic And Harmful Food" In The Crime Of Producing And Selling Toxic And Harmful Food

The increasing number of food safety issues has led more people to pay attention to the food crime.On the one hand,the development of the economy has led to an increase in the variety of food products,and various types of added materials have emerged in an endless stream,increasing the possibility of crime;on the other hand,the development of technology has made the methods and means of crime continue to evolve,and the difficulty of cases has increased.The crime of producing and selling toxic and harmful food under Article 144 of the Criminal Law are more serious than the other crimes of food,and the punishment is more severe.In the judicial practice,the controversy over the conviction of the crime continues,the most important thing is the determination of the target of “toxic and harmful non-food materials” for the crime regulation.Is the substance incorporated into the case the category of criminal target of the crime? In the process of determining the target of a crime,we found that the key point of its controversy lies in whether the nonfood ingredients incorporated by the perpetrators are toxic.The emergence of typical cases such as the “oil waste case”,“salt case”,“toxic bean sprouts case” all cannot solve the problem of determining what is the “toxic and harmful” substance? “Toxic and harmful food” is the key to the crime.It is an important basis for clarifying the scope of the criminal target of the crime,determining crime and non-crime,and distinguishing this crime from other crimes.Therefore,it is necessary to seriously examine the problems that exist in the identification process of “toxic and harmful” to seek a solution to the problem,better display the functions of criminal law protection,clarify the scope of the criminal target of the crime,and prevent the protection of the crime from being infringed upon.Solve the plight of judicial practice and ensure the effective implementation of other pre-laws such as the Food Safety Law.According to the above solution path and the identified purpose that should be achieved,the author believes that any solution to any problem must be preceded by perfect legislation,as a precondition for the determination of the standard of determination,to deal with basic issues related to “toxic and harmful” such as poisonous,the definition of “harmful” makes explicit provisions.Then,Any applicable to a single standard is not reasonable,we advocate to build a comprehensive standard " toxic and harmful food ",no longer the only standard to attempt to simplification,all types of cases " toxic and harmful food" make the final judgment.Finally,but most importantly,the basic principles that apply to each other are established for the standard system to prevent the different choices of the judiciary from bringing about “different sentences in the same case”.