Study On Some Complex Problem Of The Crime Of The Producingor Marketing Toxic And Harmful Food

The Crime of the Producing or Marketing Toxic and Harmful Food Occupied an important position in the food crime of our country. this paper based on the existing criminal law theory analyzed some difficulties in this crime in judicial practices, and put forward views on it. This paper is divided into four parts:In the first part introduction, it described difficulties in judicial practices by the combined method of comparative analysis and empirical analysis,based on the Mainly dates in food crime by one county in year 2013 and year 2014.The second part is about the explanation of the concept on this crime. "Food" in criminal law shouldn’t include food additives. “Non-food materials "should distinguish the harm-full non-food materials which cause harm to humans" toxic and harmful " from the harmless non-food materials that can prove " non-toxic and harmless” to the human body under the existing technology non-food raw materials.The third part is about the cognizance of this crime objective aspect. It included two kinds behaviors of this crime, production behaviors and sales behaviors. The "incorporated" in Production behaviors is not only included the use of toxic or harmful non-food raw materials added to food, but also directly use of toxic or harmful non-food raw materials as food direct sale situation.“Incorporating” appeared in production and sales. This article summarized the "sell" behavior of "knowing" the problem of estimating the judicial practice. This paper suggested to use causation in epidemiology to determine the causality in this crime that there is always be a relatively large degree of difficulties in terms of Judicial Recognition by intervals between harmful behaviors and crime results. causation in epidemiology will be used only by other methods can’t be used.The fourth part is the discussion of the crime stop form. This paper suggested that it should be behavioral offense in this crime. The crime of attempted criminal process and the presence of suspended crime.The fifth part analyzed some difficulties in this crime in judicial practices, included accusation analysis with other crime and the overlap of articles of law principle of punishment.