Research On The Production And Sale Of Food Offences That Do Not Meet Safety Standards

Under the background of building a harmonious socialist society,the harm of food safety crime is highlighted.At this time,we must use criminal law to protect ourselves.The crime for Producing and Selling Food Not up to Safety Standards plays a important role in protect us from hurting by food not up to safety standards.In order to make good use of this crime,and protect ourselves,we ought to consider about People’s Livelihood Criminal Law.In this paper,besides introduction and conclusion,contain four parts:The first part mainly explains the concept of the People’s Livelihood Criminal Law,and how it works.Firstly,we talk about People,Live and People’s Livelihood.We hold the opinion that we should connect People’s Livelihood with our history and society.We can know People’s Livelihood from three aspects:Survival needs,Spiritual and Cultural needs,the needs for Integrated Development.The idea of the People’s Livelihood Criminal Law mainly focuses on Survival needs.The People’s Livelihood Criminal Law is different from the Civil Criminal Law and the Welfare Criminal Law.It asks us to pay close attention to Criminal Policy of Combining Punishment with Leniency,the Criminal Law,the Food Safety Law,this crime and other crimes,when we think about the crime for Producing and Selling Food Not up to Safety Standards.The second part start from the two cases,which leads to our discussion.We mainly talk about the objective aspect,criminal object.We hold the opinion that this crime is belong to abstract potential damage offense.Its main criminal object is right of life and health,its secondary criminal object is Food safety supervision and management system.We must explain produce and sale as words unfolds.This is consistent with Legally Prescribed Punishment and Proposal for Criminal Law,and it is enough to penal crimes about Producing and Selling Food Not up to Safety Standards.Food refers to edible,and belongs to the kinds people usually eat,and contains the material that can be understood as food and not for the purpose of treatment drugs.We should separate safety food from food not up to safety standards by some rules,for example,National Standards,Local Standards and Enterprise Standard.The third part mainly discusses the subjective aspect of this crime,aggregated consequential offense of this crime involved.We first talk about it basic crime patterns.We think that the doctrine of toleration and the theory about negligence are reasonable.After discussion on the opinion about the subjective of the crime for Producing and Selling Food Not up to Safety Standards,I think we should hold the opinion that its subjective aspect of the basic crime is intention,include direct intention and indirect intention.For its aggregated consequential offense,I think negligence and intention is ok.The fourth part focuses on the difference between this crime and relevant crimes,and we also talk about how to divide them in our daily life.The relationship of the Crime of Producing and Marketing Poisonous Food and the crime for Producing and Selling Food Not up to Safety Standards is Coincidence of Law Articles.When talk about them,we often think about their dangerous.Their difference lies in their Objective behaviors.The relationship of the crime for Producing and Selling Food Not up to Safety Standards and the crime of throwing dangerous substance is Coincidence of Law Articles.There are some differences between objective behaviors and conditions of crime establishment.There are some contacts between the crime for Producing and Selling Food Not up to Safety Standards and the crime of illegal business operations,when people sale salt without iodine.We ought to distinguish them according to the situations.