Research On The Crime Legislation Of Producing And Selling Products That Do Not Conform To Safety Standards

The crime of producing and selling products that don't conform to safety standards is inevitable,it is an adjunct phenomenon brought by economic prosperity,and it is an inevitable social fact in the activities of business enterprises.Criminal law,as a last resort to combat the crime of producing and selling products that do not conform to safety standards,plays an important role in preventing such crimes.However,social development is always moving forward,new crimes are constantly emerging,the current criminal law provisions can not fully cover the new circumstances and problems of this crime,which requires us to reflect on the relevant legislation on the crime of producing and selling products that do not conform to safety standards and put forward corresponding suggestions for improvement.This paper is divided into four parts:The first part,explicit the concept of the crime of producing and selling products that does not conform to safety standards and its legislative evolution is combed out.In the second part,we describe the present situation of the crime of producing and selling products that do not conform to safety standards,and points out the problems of the crime in the legislation,including the ambiguity of the relevant terms.The disproportionate sentencing;The maximum limit of the term of imprisonment is low;The meaning of "sales amount" in penalty is too narrow.Lack of professional prohibition of qualification.Finally,the causes of the above problems are analyzed,including the influence of traditional feudal legal thoughts,the weak theoretical research is not enough to lead the legislation of this crime,and the legislation technology of our country is not mature at present.In the third part,by examining the legislation of some civil and common law countries and other representative countries,we get the following enlightenment: the relevant terms are relatively clear and the classification of sentencing grades is more detailed.In the fourth part,some legislative suggestions are put forward for the problems in the legislation of the crime of producing and selling products which do not meet the safety standards.This includes detailing the meaning of relevant terms,refining the sentencing level,setting life imprisonment as the maximum penalty,replacing "sales amount" with "value value of goods",and adding a professional qualification penalty.Recommendations are accompanied by arguments for the relevant recommendations.