An Empirical Study On The Illegal Addition Of Additive Crime

With the development of market economy,China's food safety crime is becoming more and more rampant,which is related to the problems existing in the legal system of food safety protection in China.All kinds of food safety crime,illegal to join "additive" in the food do different recognized in the judicial practice,whether it is to constitute a crime or not crime,and the line between this crime and those crimes is not clear,especially in the over spray and ultra directory and behavior on qualitative,the judicial practice there is a big controversy.Illegal food additives on the behavior constitute mainly includes in the process of food production beyond,super limited use of additives and the illegal add poisonous and harmful material such as two classes of banned drugs.I will be in the "China net" written judgment out of 30 food additive illegally added into the criminal case study analysis,found the abuse of food additives in practice have different verdict reason is various,one is the judge at the trial to make add behavior qualitative differences,the other is in the act of super limited add on "to" qualitative unclear lead to problems in the criterions for the conviction.Thirdly,there will be many mistakes in the subjective judgment when adding additives to the food,so this study will be analyzed in accordance with the criminal law theory.Through relevant statistical analysis and case analysis,the following conclusions and Suggestions are drawn:Through statistical analysis and case analysis to the following conclusion: "make use of food additives" this kind of behavior should be added that as a super catalog of poisonous and harmful substances.Limited use additives for "super" behavior whether to achieve "enough" should be the combination of "before-and-after" standards,namely the subjective directly decided that "enough",if you can,can be directly determined that can not be identified should be combined with authority appraisal results are determined.Behavior of "make use of food additives",should be as a production and sales of poisonous and harmful food.