Empirical Research Poisonous And Harmful Food Crime Sentencing Deviation And Its Essence

Through empirical research and analysis of cases in the poisonous and harmfulfood crime, we find that “light, heavy” tendency exists in the crime sentencingprocess of poisonous and harmful food crime. In practical terms, lighter punishmentand reprieve are applied to basic plot of food crime;butexcessive use of severepunishment, even the death penalty are applied to aggravatingcircumstances of foodcrime. China’s current social reality and legal environment are different fromAmerican “light, heavy” criminal policy social background. There are greatdifferences in penal thoughts, penal mode and semantic concepts between western“light, heavy” criminal policy and the criminal policy of combining punishment withleniency adopted by our country. Therefore, we cannot blindly reuse the western“light, heavy” policy in the process of poisonous and harmful food crime sentencing.In addition, there exists serious phenomenon of sentencing counter when the criminallaw deals with poisonous and harmful food crime. So-called sentencing counter isessentially when appears problems in the process of determination of crime, thejudicial department determines the final crime by comparing assume legal punishmentof the crime and social harmfulness. Sentencing counter violates the principle oflegality, the relation between the principle of suiting punishment to crime and theright order of the criterions for the conviction, and it should be rejected in the judicial practice. In the process of sentencing the poisonous and harmful food crime, bothlighter punishment and severe punishment should be avoided. The essence of thought“heavy, heavy” deviation and sentencing counter reflected in poisonous and harmfulfood crime is heavy thinking. Heavy thinking has a long history in our country andextensive influence in modern society, but heavy thinking is inconsistent from crimeprevention and modern concepts of criminal law. Heavy thinking is unable toundertake the crime control problems caused by the imbalance of the socialmanagement. We should pay more attention to the administrative regulation of theprophase in prevention of poisonous and harmful food crime which brings us betterresults than punishment.