Production, Sales Of Toxic, Harmful Food Crime Problem Research

Production and sale of toxic, harmful food crime crime characterized mainly in serious harm to human health, crime trends annually, increasing of crime, and so difficult to investigate.There are also many difficult problems in the judicial application process.First, the application of the objective area. Including criminal object, behavior and apply the plot area. Object of crime is the "food", "non-food materials," "food additive" and "toxic, harmful," the understanding discussed. "Food" is the crime of the first focus of controversy in the application process. Food includes not only processed foods, including food ingredients, food and agricultural products, health food. Including substance for human consumption or drinking; posing food unfit for consumption, but the substance of the material; food premises sold or homegrown food and so on. "Non-food raw materials" is relative to the concept of food materials for use must be strictly in accordance with the relevant regulations in food processing. A "food additive" non-food raw materials, both inclusive and being inclusive relationship is greater than the range of non-food raw materials food additives. "Poisonous, harmful" to identify the main criteria identified based, not identified as a supplement.Behavior mainly on the "Sales", "incorporation" behavior were defined and analyzed. This crime provides two sales practices. The first refers to the incorporation of toxic and harmful non-food raw materials in sales of food; the second refers to the knowledge that it was mixed with toxic and harmful food still selling."Incorporation" should be understood to expand. Including penetration, soaking, washing, painting, and even includes a reverse precipitation.Second, the application of the subjective aspects. Subjective aspects of production and sale of toxic and harmful food crimes include not only direct but also indirect intentional intentional. In the application of "knowingly" requires a combination of subjective and objective, from a food purity, smell, purchase channels, the purchase price and other aspects of the comprehensive judgment.Again, the problem of how to apply accomplice. Whether to provide slaughter helping behavior and circulation constitutes complicity need to be the dominant aspect of specific judgments based on objective and subjective aspects of whether. Production and sale of toxic, harmful non-food raw materials behavior constitutes complicity discussion is divided into five kinds of situations. The first case does not constitute a crime, the crime of illegal business constitutes the second case, the third case constitutes help make production and sale of toxic and harmful food crimes, the fourth case constitute committing producing and selling toxic and hazardous food crimes the fifth case constitute unilateral production, selling poisonous and harmful food sin joint principal offender.Finally, and related crimes in the judicial practice of how sub-sector problems. Production, selling poisonous and harmful food sin constituent elements as the basic framework, and production, sales do not meet the safety standards of food crimes, put dangerous substances to the crime of endangering public safety in comparison.