On The Judicial Application Of The Crime Of Producing And Selling Poisonous And Harmful Food

The function of criminal law is not expressed only by the law of the law,and more is to bind and practice the judicial practice.Since the enactment of the criminal law revision plan(8),the penal provisions of the production and sale of poisonous and poisonous crime have greatly strengthened,the food safety accident is still frequent and is not stopped.In order to play its role more effectively,we must strengthen the application of criminal legislation in the judicial process.Therefore,this paper makes a specific analysis of the dilemma within the jurisdiction of the crime from the perspective of judicial applicability to the crime.Activities related to the production and sale of toxic and dangerous food;Combined with examples of experience,the paper puts forward opinions and suggestions on the judicial administration of the crime.This paper has three parts.This paper introduces the background and significance of research on production,sales and judicial applications of toxic foods.In the two,some domestic and foreign scholars select the present state of research on this problem and review briefly.In the first chapter,we analyzed the present state of the judicial application to produce and sell poisonous and harmful food offences,and first introduced the development process in the legislation of this sin since the establishment of new China,and analyzed the data and contents reflected in the sample of 50 examples selected through the empirical analysis method,and the crime appeared in the judicial application I put together a outstand question.Chapter 2 analyzes the judicial review of the facts set forth above.How do you submit your own point of view and suggestion to the "food," "act of mixing" and "sales" act,the subjective "consent" state,"poison,harmful non foodstuff raw material" and how to determine the amount of crime,put forward their own views.In Chapter 3,this crime introduces other related issues that occurred at the accreditation stage of the judiciary application.One is to distinguish the crime from the other confusing sinuses,and the other is the proposal for the recognition of the principal of the crime issue.In Chapter 4,we proposed the judicial application of this crime from the viewpoint of punishment.A fine penalty must be established,a reasonable upper and lower limit is required,and the prohibition of employment is to grasp the application conditions,to increase the deadline appropriately,and to demonstrate the role of the crime in the crime and prevention.