Research On Judicial Identification Of Food Safety Crimes

In judicial practice,the crime of producing and selling food that does not meet safety standards has many controversial points.As a result,legal professional communities such as public security,procuratorate,lawyers,etc.appear on the criminal constitutive elements of this crime and the definition of the connotation of the constitutive elements.More differences.As a result,the confusion between this crime and the other crime was caused,which caused unjust cases and wrong cases in the effective jurisprudence of judicial practice.Taking the "Changsha bracken bamboo shoots and silk case" and "Ningbo peeling taro case" as the research objects,the two cases are briefly described first,and the key points of the analysis cases are clarified using the elementary deconstruction method.By comparing the differences between the two cases,four relevant disputes are put forward: the identification of the applicable provisions of Article 149 of the Criminal Law,the identification of food safety standards,the identification of testing institutions,and the identification of testing standards.Then,on the basis of the above disputes,the normative analysis method and empirical research method are used to clearly define the relevant legal concepts,clarify the identification standards of the relevant disputes,and put forward corresponding opinions.Finally,I return to the two judicial practical cases to reflect on the convictions,penalty scales,sentencing circumstances,test objects,and court documents reasoning.On the basis of the above,it is proposed to establish a "three unifications" legal basis,and strengthen the interpretation and application of the law.Guidance;improve and perfect the search system for similar cases;adjust the penalties for food safety crimes:these three suggestions.