Study On The Difficult Problems In The Judicial Application Of The Crime Of Producing And Selling Toxic And Harmful Food

It is important to perfect the law,but the legal provisions are abstract.In order to give full play to the function of the criminal law,we must combine judicial practice and seek a breakthrough in the correct application of the existing law."Amendment(8)to the Criminal Law has been in force since 2011,which has improved production." The penalty for selling toxic and harmful crimes.However,the incidence of such cases is still on the rise year by year.Therefore,the author's bold inference: it is not that the penalty is not strict enough,but that the judicial practice has problems in the application of the relevant legal aspects.Starting from the imperfections of the crime of producing,selling toxic and harmful food,and combining with the case,this paper analyzes the difficulties in the judicial application of this crime.The problem is discussed,and on this basis,the specific judicial practice of this crime is analyzed.The introduction of this paper mainly introduces the situation of domestic food safety and the significance of the research on the crime of producing,selling toxic and harmful food.In the first chapter,through the empirical investigation of the production,sale of toxic and harmful food cases handled by Z city public security organs in the past three years,the author analyzes the main criminal characteristics and main types of the crime.Typical cases and specific problems will be encountered in the application of the law in judicial practice.In the second chapter,the author distinguishes the crime from the non-crime by identifying the crime from the subjective aspect of "knowing".In the identification of "knowing",it is necessary to combine subjective and objective,from the aspects of food color,purchase channel,transaction price and so on.The understanding of "food",food includes not only processed food,but also food raw materials,food and agricultural products,health food and so on;The understanding of "non-food raw materials" is that non-food raw materials are substances added to food in addition to those necessary for food processing,including legitimate non-food raw materials and food additives beyond the prescribed range and substances not allowed to be added to food;Production,sale,toxic,harmful,harmful.The food crime stipulates two kinds of sales behavior,the first is to mix toxic and harmful non-food raw materials into the food sold,the second is to sell food that is known to be mixed with toxic and harmful food."blending" should be understood more widely,including infiltration,immersion,smear,etc.,and can also be divided into direct blending and indirect blending.In the third chapter,the author uses specific cases to produce,sell toxic and harmful food crimes and production,sell food crimes that do not meet safety standards,and drop dangerous substances from the point of view of constituent elements.This paper analyzes how to distinguishthe three kinds of crimes which are easy to be confused in judicial practice by means of dangerous methods.In the fourth chapter,the author discusses how to apply the joint crime and the unfinished form in the judicial practice,and the identification of the abettor,helper and joint principal offender of the crime in the joint crime.The unfinished form of the preparation,attempt,suspension of the understanding of the crime.Based on the cases of production,sale of toxic and harmful food handled by Z city public security organs in the past three years,this paper expounds the specific application of the crime of production,sale of toxic and harmful food in judicial practice,and finds out the problems from the analysis.Based on the actual situation of our country,this paper thinks about the problems existing in food crime from the reality,and puts forward some relevant countermeasures and concrete suggestions.