Analysis Of Standards For The Conviction Of Crimes That Producing And Selling Foods That Do Not Accord With Safety Standards

The standard for convicting crimes of producing and selling foods w hich do not accord with safety standard is that "severe enough to cause se rious food poisoning or other serious food-borne diseases", from which w e can infer that crimes of producing and selling foods which do not acco rd with safety standard are concrete dangerous crimes that need not actual damages but only risks of actual damages to convict.In May,2013, the Supreme People’s Court and the Supreme People’s Procuratorate made a specific judicial interpretation:explanation of several issues about applicable laws that are suitable for food safety criminals.The first part of the explanation, pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances that endanger human body health that are way beyond the standard limit in the food, set a limit for us. However, how to define "way beyond"? In Chinese, the word "severe" is an adverb of degree, meaning "seriousness" or "influential". It is an ambiguous word which has no clear boundary.From this viewpoint, this regulation is ambiguous and difficult to operate judicially. It has the same problem for the 4th part of the explanation. To solve this problem in judicial practice, it is necessary to do a intensive study about the standard of "severe enough".This paper intend to analyze the food crime which means the production and sales of food that don’t conform with safety standard form the perspective of Criminal Law. It will discuss the standard of conviction, problems exist in judicial practices combined with cases, and apart from that, further analysis combined with relative theories of food toxicology and forensic medicine, in order to find a clear and specific standard of conviction that is easy to operate.The first part of this paper will draw out the problem needed to be solved by analyzing typical cases of food crimes which caused by inconformity with safety standards in producing and selling foods.The second part of this paper will analyze the result of food crimes to lay a solid foundation for the conviction of food crimes.The third part analyzes the standard for the conviction of producing and selling foods that do not accord with safety standards on the basis of comparing with other related crimes.The fourth part of this paper puts forward solutions on the basis theories of criminal law, combining related professional knowledge.