On The Production And Sale Of Poisonous And Harmful Food

As a topic closely related to daily life,food safety attracts increasing public attention.The crime of producing and selling poisonous and harmful food seriously violates the rights of life and health of an unspecified or majority of people.The crime of producing and selling poisonous and harmful food in China refers to the act of producing and selling food adulterated with poisonous and harmful nonfood raw materials in violation of the national food safety supervision and management system.This crime should include the kinds of behaviour production behavior and selling behavior,the explanation for this crime behavior types should be on the premise of direct interpretation,to our country present legislation,criminal law theory and judicial practice based on production and sales behavior,refers to the production behavior in food production,processing,transportation,sale,storage,poisonous and harmful food as a food and production process,transportation and storage of separate implementation of incorporating behavior cannot be evaluated for the production behavior of this crime,the production behavior mainly by mixing behavior in criminal law as its form of expression,but incorporating behavior cannot independent evaluation for the practice of this crime behavior.The act of selling shall have the character of illegal circulation,and the object of the act shall be any person other than the seller.The object of this crime shall be based on the provisions described in article 144 of the criminal law,that is,food mixed with toxic and harmful non-food raw materials is the object of this crime.As the core concept of this crime,food should keep the cohesion between the prepositive law and the criminal law and expand the scope of food.The toxic scope includes the harmful scope,the toxic interpretation should take the toxic as the core,and the toxic and harmful judgment standard should take the substantive judgment as the standard,only when the adulterated substance has the destructive effect on the human body function can the toxic and harmful be determined.Non-food raw materials shall be judged on the basis of food raw materials.Items outside the scope of food raw materials shall be considered as non-food raw materials.