A Study On The Conviction Standard For The Crime Of Producing And Selling Food That Does Not Meet The Safety Standards

In practice,there is no uniform legal basis for the determination of "food crime of producing and selling food that does not meet safety standards".The court therefore relied entirely on the element "sufficient to cause severe food poisoning or other serious food-borne illness" in determining the crime.Interpretation of several issues concerning the application of law in handling criminal cases of endangering food safety(hereinafter referred to as"interpretation")Judiciary that don't need evidence to prove that the production and sales of behavior to achieve "enough to cause serious food poisoning or other serious food-borne diseases" harm,as long as there is evidence that the offender behavior is in line with the circumstances listed in "the interpretation of law",its behavior can be directly recognized as the "enough".However,the standard of "sufficient" is vague,and there is ambiguity in its expression.There is no consensus among scholars on whether this crime is a specific dangerous crime or an abstract dangerous crime.In the determination of incrimination,it should first determine whether the behavior of "production and sales" conforms to safety standards,and then determine the harm of the behavior."Interpretation of law" combines the two judicial activities of incrimination into a direct identification,confusing the differences between elements of the elements,not conducive to the application of practice.In addition,article 1 of the interpretation is made in accordance with article 34 of the food safety law.In addition to adding "serious" in the expression,it is consistent with the provisions of the food safety law and equates administrative norms with criminal norms,thus confusing the boundary between administrative supervision and criminal punishment.In practice,the relevant legislation and practice standards of food safety,execution connection,crime and non-crime determination standards are unclear,and substitution of punishment is a serious problem.All these lead to the failure of food crime cases to enter the criminal trial process,which makes the law's deterrent to food crime insufficient.This paper summarizes the existing problems and difficulties in practical application of the standard of "producing and selling food crimes that do not meet the safety standards"stipulated in the current criminal law,as well as the shortcomings in the connection of execution of crimes and non-crimes in the production and sale of food crimes that do not meet the safety standards.This paper puts forward Suggestions to improve the standard of incrimination and judicial application of the crime of producing and selling food that does not meet the safety standards,that is,to improve the legislation and practice standards of incrimination.