Research On Food Safety Crimes Related To The Manufacture And Sale Of Non-Food RAW Materials

The production and sale of non-food raw materials is the source of the production and sale of poisonous foods,which seriously endangers food safety and requires reasonable regulation of criminal law.This paper investigates the social hazards of non-food raw materials production and sales behavior,rethinks the current judicial conclusions and basis,and proposes specific countermeasures to improve the criminal law system for food safety crimes.In addition to the introduction,this article is divided into three chapters.The first chapter "Overview of food safety crimes related to the manufacture and sale of non-food raw materials" is a clarification of the basic relationship between the production and sale of non-food raw materials and food safety crimes.The toxicity of non-food raw materials is different from the “dangerous substances” in the criminal law,which is reflected in the harm to human health after eating.The manufacture and sale of non-food raw materials is of great significance in the crime of endangering food safety.It is located at the top of the criminal chain and is not only objectively providing indispensable or convenient assistance for the processing and sale of poisonous food,but also subjectively generated or reinforced.Poisoning food producers and sellers.The second chapter "Reflections on the Judicial Determination of Non-food Raw Materials in the Production of Food Safety Crimes" is a reflection on the current crimes of non-food raw materials for the sale and sale of food safety crimes.At present,the judiciary has selected three crimes: “crimes against dangerous public safety”,“illegal business crimes” and “production and sale of toxic and harmful foods”.Among them,the application of “crimes against dangerous public safety” is in line with the harmful nature of non-food raw materials production and sales,but does not meet the characteristics of “other methods”;“illegal business crimes” only applies to some non-food raw materials production and sales activities.The conviction,and generally does not reflect its physical harm to the lives and health of the people.The pattern of “production and sale of toxic and harmful food” is not applicable to the production and sale of non-food raw materials.The form of accomplice may only be applied when there is a common intention between non-food raw material manufacturers and food producers and sellers.limitation.The third chapter "Single crimes and requirements set up: non-food raw materials manufacturing and food safety crimes and penalties system perfection" is based on the limitations of judicial recognition from the perspective of legislation on the non-food raw materials production and sales of food safety crimes criminal law system.This article holds the standpoint of non-food raw materials for the production and sale of sin.It believes that the harm to the unspecified and majority life,health and major property interests is the main object of non-food raw material production and sales violations,and the crime should be set to endanger public safety.A chapter on crime.Non-food raw materials are produced and sold objectively as the manufacture and supply of non-food raw materials.The nature of their actions is to help the behavior.It cannot directly endanger food safety.It must be combined with the production and sale of poisoned foods to endanger food safety.Based on the consideration of the advancement of the criminal law for the protection of major legal interests,this crime should be set as a behavioral offense model,which is the starting point for the entry of non-food raw materials that are added to food.The “knowing” of non-food raw material manufacturers to endanger food safety crimes is the subjective aspect of this crime identification.Since non-food raw materials have the properties of chemical and pharmaceutical raw materials,in practice,attention should be paid to distinguishing manufacturers with formal production qualifications and Manufacturers without production qualifications have different convictions.In the main elements,not only the natural persons who manufacture and sell non-food raw materials,but also the units that manufacture and sell non-food raw materials.