An Empirical Study On H Province’s Penalty Measurement Of Crime Of Producing Or Selling Toxic And Harmful Food

Nowadays,as the world is increasingly diversified and the society is rapidly developing,people’s lives are becoming more colorful.Therefore,people have higher requirements for the food quality than before.However,social progress has also caused the intensification of food crimes.Undeniably,our country has made great progress in governing the food safety,but we still have a long way to go.Overall,our country adheres to the principle of strict governance in the criminal legislation on food safety,but the leniency tendency still appears in judicial practice.There appears a close relation among food safety,our health and the market economy stability.Up to now,the food safety problem still cannot be ignored in China.Many researchers have predominantly focused on the theoretical study on the crime of producing or selling toxic and harmful food,while few research consider the problems in judicial practice.Accordingly,this study makes the empirical analysis of the judicial practice problem on the crime.With real cases as data,this study analyzes whether there are problems in the judicial practice of the crime to provide suggestions on how to solve the problems.Chapter One is composed of the research background,research significance,research status at home and abroad and research innovations.Then,this part also clarifies the reason to use the judgment documents of H Province from 2017 to 202 l as data resources and gives a brief introduction to the statistical analysis software and methods used in this empirical research.Chapter Two gives a detailed discussion about the characteristics of the crime of producing or selling toxic and harmful food.With the help of the review,there are greatly increasing in both the number and type of crimes in China.The crime are characterized with its diversified types and means.It can also be organized by groups in happen in extensive area,leading very serious results and.All these further indicating there is a need to make empirical analysis on the crime of producing or selling toxic and harmful food.Chapter Three consists of the sample analysis of the crime of producing or selling toxic and harmful food in H Province,giving a detailed description of the samples used and the research object.This study uses 851 judgment documents from H Province as research samples,and the research variables include the criminal subject gender,the criminal subject age,the criminal subject education background,the criminal method,the criminal duration,the term of fixed-term imprisonment,the application of probation,the penalty amount,the application of the injunction after probation and so on.Then,this part also makes descriptive statistics on the judgment documents to analyze the basic characteristics of criminal cases of the crime of producing or selling toxic or harmful food in H Province.Chapter Four analyzes the measurement of penalty of the crime of producing or selling toxic and harmful food in H Province.This chapter carries out one-way ANOVA via the “social science quantitative analysis software”（STATA）,regarding the term of punishment against freedom,penalty sentence and probation as three dependent variables,and regarding gender,age,criminal method,criminal duration,and criminal subject education background as independent variables to explore whether the independent variables significantly affect the dependent variables.Chapter Five summarizes this study’s findings,namely,the reasonable and unreasonable phenomena coexisting in the judicial application of the crime of producing or selling toxic and harmful food in H Province.The unreasonable phenomena are as follows: there is difference in measurement of penalty in terms of gender;there is difference in measurement of penalty in terms of age;there is difference in measurement of penalty in terms of criminal method;the application of injunction is low;the term of punishment against freedom is short;the application of probation is high;the amount of fine punishment is low.The reasonable phenomena are as follows: there is no difference in measurement of penalty in terms of criminal education background;there is a significantly positive correlation between the crime duration and the prison term,namely,the longer the crime duration,the heavier the sentencing.Chapter Six provides suggestions in solving the problems in the judicial practice of the crime of producing or selling toxic and harmful food in H Province from two perspectives of judicial regulation and preventative mechanism,to provide help for improving this crime’s law application and promoting the governance of food safety.