A Criminal Qualitative Study On The Production Of Bean Sprouts By “no Roots”

Bean is one of the favorite dishes everyday. In recent years, the disclosure of poison bean sprouts case of public concern, involving a wide range of judicial practice in the voice of controversy four. This paper intends to "Deng Moumou production,sales of toxic, harmful food case, for example, through the analysis of the dispute focus on the use of" no root element "production of bean sprouts behavior, in order to analyze the case, the judicial practice of the same kind of cases to help.The full text is divided into four parts:Part I: the basic situation of the case. Concrete from four aspects: first, the cause of action, namely, Deng Moumou production, selling poisonous and harmful food,case. Two, the case, the details of the production, sales of toxic and harmful food case,the basic content. Three, different opinions, mainly focused on the "no root element" production of bean sprouts behavior, there is a view that the behavior of Deng Moumou, selling fake and shoddy products, there is a view that the behavior of Deng Moumou production, sales do not meet the safety standards of food, but also insist that Deng Moumou behavior constitute the production, sale of toxic, harmful food,and advocate Deng Moumou behavior. Four, the focus of controversy, the focus of controversy in this case there are two main points: first, the legal nature of bean sprouts, bean sprouts production process of the criminal law qualitative; second,without the legal nature of the substance and the harm.The second part: analysis of the focus of controversy in this case. This part is the full text of the key, the focus on the issue of the focus of the debate and discussion. In this case, to the behavior of Deng Moumou need to address two key issues: first,whether the bean sprouts are edible agricultural products, bean sprouts production process is the production of edible agricultural products; second, non essential substances are prohibited pesticides, and the extent of its harm. This paper is focused on the application of the law of the Supreme People’s court, the Supreme People’s Procuratorate, the people’s Republic of China on food safety and food safety law, thepeople’s Republic of China Food Safety Law, food safety law and other laws and regulations and food safety regulatory authorities, first, the legal nature of food and food safety supervision and food safety regulatory documents, first, the law is the quality of food and food products; second, non- root substance is not prohibited.Food poisoning accident or other serious food borne diseases, etc..The third part: the analysis and conclusion of the case. Through the analysis of the focus of controversy, the author of the use of "no root element" production of the production, sales of counterfeit products and production, sale of toxic, harmful food,nor constitute the production, sales do not meet the safety standards of food and other criminal offenses, the case is not guilty.The fourth part: the study of the case. Through the study of this case, the author thinks that the crime of endangering food safety should be based on the provisions of criminal law and judicial interpretation. In the problems encountered in the dispute, it is necessary to accurately grasp the boundaries between the charges of food safety criminal damage. In the qualitative behavior to correctly deal with the convergence of the two laws and judicial independence relations, also emphasized again that the criminal law should pay attention to the protection of human rights and maintain the modest character.