The applicable new case example of China's food security appears frequently Need issuing judicial explanation badly

The applicable new case example of China's food security appears frequently Need issuing judicial explanation badly
Produce and sell, accord with the intersection of safety standard and food, have, sell away all assets dangerous to attack the intersection of food security and network day by day tight to take, issue national standard and judicial explanation underground drainage oil yet penalty, clenobuterol hydrochloride, dyeing the steamed bun In recent years, there are more and more names written into on blacklist of China's food security. Criminal law amendment (8) After implementing, include " produce, sell the food crime not in accordance with safety standard " in 10 newly-increased charges With " malfeasance that the food supervises " Two charges about food security, on the legislation, the attack of the behavior has risen to a new level to threatening the security of food in the country. In more than 5 months, there are a lot of cases by " produce, sell the food crime not in accordance with safety standard " in the whole country Place on file, try the case finished and begin to see all newspapers too with this charge. The applicable new case example appears in the afternoon of October 10 frequently, because purchase and sell and die of illness pigs, some, the people's court of Zhangjiagang of Jiangsu Province in order to produce, not sell and does not accord with the food crime of the safety standard to each sentence to the detention for 4 months, fine of 10,000 yuan of defendant Sun, week. At about 10 o'clock a.m. on May 3, the police of the squadron of Zhangjiagang traffic police of development zone are while interrogating and examining the vehicular traffic, find a green minibus installs inside the pig that pig and both ends are on the point of death dies directly. The intersection of driver and Sun to drive administrative detention without licences, meanwhile, police notify local the intersection of animal and the intersection of hygiene and superintendent office investigate the intersection of and purchase Sun die of illness pig's case at once. Through measuring, 3 pigs of Sun's purchase are the golden yellow germ of staphylococcus,etc. of detection, if consumers eat the pork which includes these germs, may result in being poisoned by food or other and eating source disease seriously. According to the regulation, disease pig, death pig can't flow into the market, should destroy through burying, burning etc.. But Sun began to purchase the disease pig, death pig since last June, he also specially printed the business card - -" purchase the fat pig, eliminate the wounded or disabled pig, death pig, disease pig throughout the year, more than 30 kilograms is purchased at high price " . It is reported, while punishing the food security case, " produce, sell the food crime not in accordance with safety standard " Become frequency of utilization low judicial authority already but option. May 5, criminal law amendment (8) Just implement, the intersection of Fujian Province and the intersection of Ningde and so as to suspected of being involved in selling the food crime not in accordance with safety standard municipal people's procuratorate, the ones that have arrested and sold and made edible oil of oil of underground drainage " The black den " Operator. Until Ministry of Public Security department superintend and direct and great the intersection of underground drainage and oil that the intersection of Zhejiang Province and public security organ crack make in the edible oil case not long ago, at the time of the charge which the suspect who the personnel in charge of the case enumerated to " Jurisprudence Daily " reporter may offend against, " produce, sell the food crime not in accordance with safety standard " On the eye impressively. The maximum number can be sentenced to the life imprisonment " produce, sell the food crime not in accordance with safety standard " Stipulated by article 143 of criminal law " Produce, sell the food crime not in accordance with sanitary standard " Revise it. " hygiene " To " safe " Change of two word,the Chief Judge Lius is large to seem of punishment one front yard, having actually expanded the corresponding epitaxy of the charge, because " hygiene " Might not mean " Safe " ," safe " It is wider to contain the range. "This is including food incident in the social safety category formally, this modification is the connecting of regulation related to food safety law implemented from June 1 of 2009 too. " New dense public procurator of municipal people's procuratorate Zhang ShengLi in Henan Province says. "Should say, this revision has been strengthened to offending against the punishing of criminal of this charge. " Judge of Zhangjiagang court Wu Dan is pointed out, before revising, if offended against the food crime not in accordance with sanitary standard of production, sale, so long as its food that is produced or sold has not caused the serious consequence, the court can punish gold only, do not sentence. But after the charge is revised, whether the food that the actor produced, sold causes the serious consequence, have not even caused the consequence, should all pass sentence on person liable, sentence the fine at the same time. In addition, before this crime is revised, can't be more than twice of their sales amount sentencing the fine to the person liable. And cancel this restriction after revising, in theory, can fine to actors and go bankrupt. Cancel the supreme number of the fine to limit in endangering the food security crime, has offered the strong means for punishing criminals in the court. "This crime is dangerous made, so long as the actor produces or sells the food not in accordance with safety standard enough to cause the public to be poisoned by food or other and eaten source disease seriously seriously, can commit this crime. If the serious consequence takes place, can aggravate and deal with, can sentence the life imprisonment at most. " Wu Dan says. Weave the dense food security penalty network Criminal law amendment (8) Another charges of danger food security that China revises are " Produce, sell the poisonous, harmful food crime " ,The efforts of its punishment should be higher than " Produce, sell the food crime not in accordance with safety standard " . " poisonous, harmful food " Have referred to adding the non-food raw material poisonous to human body, harmful to in the food, for example it is red to gather cyanogen amine, the Sudan three times etc., these materials are prohibited adding in the food by official order by the country. In addition, some will lead to the fact the situation of the bad consequence is dissociating in " poisonous, harmful " . In Shanghai " Dye the steamed bun " In the case, people realize, " lemon yellow " Although approved by country food additive, will make and offer " question steamed bun " while being excessive to use ,This kind of situation is not here exactly " Produce, sell the poisonous, harmful food crime " Within the range contained. And " produce, sell the food crime not in accordance with safety standard " Directed primarily to ordinary food, food additive, flavouring pharmaceutical, edible pigment, beverage,etc., "so long as the composition in the food has exceeded sanitary standard and safety standard that the country stipulates, should regard as the food not in accordance with safety standard " ,Wu Dan says, this mends exactly completely and " produces, sells the poisonous, harmful food crime " Gaps and omissions. Numerous cases show, the red duck's egg in the Sudan, dyeing the steamed bun, clenobuterol hydrochloride, gathering cyanogen amine milk three times The problem food appearing in succession is challenging public cognition constantly, from this view point, these evil mind manufacturers " Creativity " Surprising. And just need the complete penalty network which attacks the food security crime in this case. Jiangxi Province is safe and Zhang JianJun, chief of research office of county people's court, points out, at present, with the criminal law amendment (8) Implementation,this piece denser and denser to be knit network already, it except " produce, sell food crimes not in accordance with safety standard" With " produce, sell the poisonous, harmful food crime " Outside, the behavior of endangering food security may touch " produce, sell the crime of the fake and poor products " , " illegal operation " , " crime against public security " , " the food supervises malfeasance " Wait for the charge. Attack and endanger the food Tasting the safe crime forms the tight net of justice taking criminal law, judicial explanation and judicial file of regulation as main content. Still needing to issue judicial explanation though has more complete legal systems to attack the food security crime, but in new charge is applicable, also there are some questions. After hearing the relevant case, Wu Dan shows, should be further judging amount standard in unison, especially fine is applicable. According to the regulation, want and punish gold, the criminal law amendment (8) while endangering the crime of the food security The maximum amount that has already cancelled the original fine is limited, though does not show that can fine to mete out unjustified punishment excessively, but can't give the penalty according to the original standard either. Wu Dan thinks, the judge should make good use of the fine means, the actor's main purpose to implement criminal offence is to obtain the great amount of profit after all, should frighten criminals through fining, let them realize that not merely obtain profits, will also suffer huge losses. "The national standard of main basis of ' safety standard ' in this charge, but national standards are still some places deficient at present. Standard of measurement as the recent underground drainage oil incident exposes and goes out of the country not unified, so should supervise the relevant department to issue more complete national standard, should consider issuing related judicial explanation. " Liu Shuo says. Prosecutor of Nangong of Hebei municipal people's procuratorate Fu Qiang shows, should be in relevant judicial explanation, define judicial authority and industry and commerce, technical supervision, food medicines safety supervision management department on the division of labour, cooperation of this kind of case and connect, the clarification is that the administrative penalty is belonging to the case range of investigating criminal liability, confirm the qualification procedures and appraisal organizations of criminal offence of the food security.

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