The Legislation On The Crime Of Producing And Selling Poisonous And Harmful Food Is Perfected

On May 9,2019,promulgated by the State Council of the central committee of the communist party of China,the implementation of the central committee of the CCP,the State Council on deepening reform to strengthen food safety work opinion,emphasized with the most rigorous standards,the strictest regulation,the most severe punishment,the most serious accountability,to strengthen the food safety work.In recent years,although the behavior of producing and selling poisonous and harmful food got punished,such as the poisonous rice,leather milk,poison capsule,still exist,and the practical problems such as the corresponding hazards to food safety crime sentenced to light punishment,high proportion of probation also reflected in the norms of criminal law under the severe food security situation did not give full play to the role.Food safety is related to people’s health and life safety.It is of great practical significance to prevent food safety crimes and reduce the harm caused to people by such crimes.The process from "farmland" to "table" is complex and difficult to regulate.Generally speaking,the crime of producing or selling poisonous or harmful food involves a wide range and the target is not specific,which is easy to cause public condemnation and social panic.Some departments may even deliberately fail to report or even hide the information for fear of being held accountable.In addition,the fluidity of food is stronger and the difficulty of transnational supervision and governance is also very big,so the practical circle gradually places high hopes on the criminal law,expecting the criminal law to solve the urgent need.The first part,introduction.This paper introduces the research background and significance,research status and direction at home and abroad,research contents and organizational structure,research methods and innovation points of the paper.The second part,the legislative evolution of the crime of producing and selling poisonous and harmful food.According to the time node of the adjustment of the relevant provisions of the criminal legislation of our country,the development of this crime can be divided into four periods,which are "the period of non-crime","the period of the crime","the period of adjustment" and "the current provisions".In this part,the legislation development law of the crime of producing and selling poisonous and harmful food is briefly summarized.The third part,the legislative defects of the crime of producing and selling poisonous and harmful food.On the whole,the criminal legislation on this crime is becoming more and more complete.On the basis of judicial practice and with the development of criminal law theory,the defects of this crime are summarized into three aspects namely "system attribution","crime constitution" and "penalty setting".The fourth part,suggestions on legislative perfection of the crime of producing and selling poisonous and harmful food.On the basis of sorting out the legislative evolution and analyzing the legislative defects,combining with the judicial practice and the academic perspective,this part puts forward some suggestions on the legislative perfection of this crime in the three aspects of system attribution,criminal constitution and penalty setting.In terms of system ownership,it is advocated to adjust it to the crime of endangering public security.In terms of crime constitution,amend the charges to "production and management of poisonous and harmful food",change behavior patterns "mixed" to "use",extend the crime object "used in the production and management of food toxic or harmful non-food raw materials,food additives or food-related products",add "refused to recall of poisonous and harmful food" and "food safety accident crime".In terms of penalty setting,the starting point and range of free penalty should be adjusted,and the fine should be changed to "applicable".After the overall modification,add provisions on the qualification of the criminal,the heavy punishment for a second offense.The fifth part,conclusion and prospect.Through the discussion of the above suggestions,this part shows the legislation design of the crime of producing and selling poisonous and harmful food,aims to advocate from "severe but not strict" to "strict but not severe",in order to solve the judicial problems in practice as well as the possible problems,and then improve crime of endangering food security situation.