Research On Legislation Perfection Of Crime Of Producing And Selling Toxic And Harmful Food

There is no doubt that food is necessary for human survival and development.Human beings can not survive without food.Food safety is inextricably linked to the vital interests of the masses.Even if the food safety concerns people and relevant departments enough attention,the problem of food safety is still not well improved and solved in reality,it is a wave of something new.Food safety affects not only the health of the whole society,but also the daily life of human beings.The amendment to the criminal law of the People's Republic of China(eight)(hereinafter referred to as the criminal law amendment(eight))has further protected the food safety problem,but there is still a lack of provisions on food issues in the criminal law of China.In addition to the safety of food,the problems of diabetes and hypertension caused by the imbalance of nutrition are becoming more and more serious;in reality,the relevant departments have deliberately concealed,misreported and missed the occurrence of food borne diseases,which are ignored by the relevant departments.Because of the great harm of food safety crime,it will cause irreparable damage to the health of the masses.This is closely related to the relevant laws and regulations,and the problems in practice.Criminal law is the last line of defense to maintain social order.It is very important to strengthen the criminal law to protect food safety in criminal law.This paper makes a further discussion on the problems existing in the legislation of the crime of producing and selling toxic and harmful food,and hopes to contribute a little to solving the existing problems of food safety.The text of this article consists of three chapters.The first part is mainly about the legislative evolution of this crime.It includes the legislative evolution of the crime of producing and selling toxic and harmful food.From the initial stage of the relevant provisions on food safety,it was later incorporated into the penal code,and it is now becoming more and more perfect.The second part is mainly about the legislative problems in the production and sale of poisonous and harmful food.It is mainly about the dispute of the object of the crime,the dispute of the behavior and the controversyin subjective aspect.As for the concept of food,the lack of clear legal provisions on food additives and non food raw materials,the definition of the definition is not clear,easy to confuse,and the definition of scope is not clear,but also affects the judicial practice.In addition,there are some problems such as the establishment of penalty,circumstances of sentencing,and unreasonable system.Combined with the typical cases in reality,the theory and practice are combined to find out the defects of the penalty and qualification penalty in the crime,for "serious circumstances" is not careful,the standards set by the unclear points out the legislative defects.The third part is mainly about the perfection of the legislation of this crime.The related concepts such as food,food additives,food raw materials and so on,which are controversial in this crime,are summarized and summarized,and then the author's own views are put forward.This paper makes some discussions on the object of this crime and perfected the behavior of this crime.For the present new imports,smuggling of toxic and harmful food into the criminal law of the scope of the regulation,put forward their own suggestions,for the first time put forward the import,smuggling of toxic,harmful food and other related crimes into the scope of the crime.The subjective fault of this crime should be perfected,including direct intent and indirect intent.Draw lessons from other department laws,improve the application of fine penalty,and improve the penalty.Drawing on relevant legislation from abroad,we should improve the qualification penalty.It is obviously not appropriate to put this crime in the original chapter,so we should improve the crime system of this crime more reasonably.