Research On Criminal Liability Of Illegal Production Behavior Of Feed Enterprises

Recently years,Sanlu milk powder incident,"Sudan Red" duck eggs,lean meat essence poisoning,beef paste incident,feed and veterinary medicine in violation of the addition of antibiotics and other incidents on animal product safety has emerged one after another.In March 2017,the 3.15 evening party exposed the abuse of antibiotics in feeds and veterinary drugs.The phenomenon of illegal use of additives can be seen everywhere.Once again,the people have doubts about the safety of animal husbandry and the quality of animal products.These food safety accidents not only caused serious harm to the people's personal safety,but also caused a heavy blow to the stable and orderly development of animal husbandry in China.Western countries have always advocated the idea that "feed safety is equal to food safety",and some countries have included feed legislation in food safety legislation.Because the feed produced by the feed enterprises is like the source of living water,only when the feed is safe,the safety of animal products has been guaranteed,our food safety and personal safety are guaranteed.However,on the one hand,in order to pursue the maximization of profits,feed production enterprises often do not hesitate to take risks to violate the law and implement various illegal production activities,especially adding various banned substances in the production process,endangering public safety.Many of these hazards are subtle and rarely cause direct harmful consequences.Therefore,this easily leads many companies to go unpunished and evade the investigation of legal responsibility.On the other hand,the weak public legal awareness has a certain negative impact on the frequency of illegal behavior ofenterprises.In order to effectively solve the problem of feed safety,to improve the quality of animal products,and ultimately to ensure the personal safety of the people,it is necessary to accurately characterize such behaviors and further improve China's corresponding laws and regulations and its regulatory mechanisms.Through specific cases,this paper analyzes some problems and related crimes involved in the case.Through a series of analyses to determine the defendant in this case to apply what kind of charges,whether constitute accomplished,whether constitute a joint crime,and ultimately for the accurate conviction and punishment of the case to provide some of their own views.The paper has a total of more than 29,000 words and is divided into five parts.The first part,the introduction of the case,mainly introduces the causes of the case,the case and the focus of the dispute,that is,the defendant's conviction and sentencing differences.The second part analyzes the focus of the case.Through the analysis of the defendant's crime and non-crime,conviction and punishment in this case,it is finally considered that the defendant in this case constitutes a crime and belongs to imaginary competition.It is appropriate for the crime of producing and selling inferior products to be punished as an accurate sentence.The third part,through the analysis of the legal issues arising from this case,combined with the case to produce and sell inferior products crime has a more intuitive understanding.In the fourth part,the author briefly introduces the relevant legislation and supervision system abroad,as well as its enlightenment and reference significance.The fifth part,puts forward some ideas and suggestions to perfect our country's feed safety supervision system,in order to have certain positive significance to our country's judicial practice activities and feed safety guarantee.