On The Crime Of Producing And Selling Poisonous And Harmful Food

The crime of producing and selling poisonous and harmful food refers to that producers and sellers violate the relevant laws and regulations of national food hygiene management for profit or other improper purposes.The specific performance is that the perpetrator intentionally mixes toxic and harmful substances into the food sold,including that the food is still sold to the market and circulated on the premise of knowing that the food sold has been mixed with toxic and harmful substances.The crime of producing and selling poisonous and harmful food is an abstract dangerous crime.For "poisonous and harmful",it is required to be based on objective scientific identification and not to be judged by subjective standards.At the same time,it is necessary to pay attention to the nature of infringement of legal interests of the crime,which is the damage to citizens' rights of life and health.It is not required to be judged comprehensively in combination with whether or not the poison will occur and the probability of occurrence Results of substantial harm.In the objective aspect of the crime,the crime of producing and selling toxic and harmful food has a broad nature of "food".The form of food can be varied,and the scope is not limited to raw materials of unprocessed food,such as aquatic products raised and livestock raised.All forms of food will not affect its nature in essence.At the same time,the factor of "incorporation" is indispensable for the determination of the crime,which needs to be interpreted reasonably,including but not limited to breeding behavior.In the subjective aspect,because it is difficult to judge the true inner thoughts of the parties,it is necessary to make a comprehensive analysis of the external behaviors of the actors,and then to infer whether they know what they know.The contents of knowing what they know should include facts and norms.