Ensuring the food security needs to fully utilize and make good use of the law

Ensuring the food security needs to fully utilize and make good use of the law
Yang WeiHan, reporter of Xinhua News Agency In the near future, one batch will endanger crime case of food security and is pronounced publicly by the people's court. The bear of Vice President of the Supreme People's Court has selected to just attack and endanger the food security crime a few days ago in the country accepting Xinhua News Agency's reporter's special visit. The case quantity increases the obvious malfeasance crime and appears together the bear selects the country an introduction, in 2010, will hear and produce, sell the food case not in accordance with sanitary standard and produce, sell 119 poisonous, harmful food cases, the number of people of the judgement of coming into force is 162. In addition, investigate criminal liability according to producing, selling charge of crime of the fake and poor products,etc. in and more danger food security crime cases. The bear selects the country to say, the following characteristics appear overallly in the case: First, since 2008, the case quantity will increase obviously, the main reason will be influenced by infant and pre-school children's milk power incident of three deer, all parts strengthen it to investigating and prosecuting and judicial attack of administration endangering illegal activity of the food security one after another, have transferred and prosecuted a batch of crime cases of endangering the food security in accordance with the law. Second, relatively less by producing, selling the food crime not in accordance with sanitary standard and producing, selling poisonous, harmful food crime to declare case quantity punished guilty, in that according to the stipulations of article 149 of criminal law, endanger the crime of the food security finally in order to produce, sell the crime of the fake and poor products to investigate criminal liability in a large amount. Third, endanger the food security crime to often follow and happen with the malfeasance crimes of abusing one's power, neglecting one's duties etc. of relevant administrative supervision department and staff member. Endangering the food security can be sentenced to death at most Produce and sell and use " The clenobuterol hydrochloride " Select the heavy penalty bear and select the country to say, attacking and endangering the food security crime forms the tight net of justice taking criminal law, judicial explanation and judicial file of regulation as main content. Criminal law amendment ( Eight) Implementation,last crime for danger food security attack. First of all, criminal law is defined to " produce, sell the food crime not in accordance with sanitary standard " in regulation With " produce, sell the poisonous, harmful food crime " Two kinds of crimes of endangering the food security directly, the highest legal punishment can reach life imprisonment and death penalty respectively. Criminal law amendment ( Eight) Will produce, sell the food crime not in accordance with sanitary standard to amend to read " Produce, sell the food crime not in accordance with safety standard " ,And further improve two kinds of crimes, strengthen and punish. First, revise producing, selling the poisonous, harmful food guilty lowest legal punishment fixed-term imprisonment or detention from original five years as the fixed-term imprisonment under five years, this means that producing, selling the poisonous, harmful food will sentence to fixed-term imprisonment the most low. Revise two criterion for imposing penalty of crime, can attack those more effectively, although has not led to the fact the serious consequence, but the criminal who it is of a serious nature to commit crime. Third, the fine punishment to two kinds of crimes has been revised, has cancelled it by " sell the amount of money " As the basis of measurement of penalty of punishment of fine, have strengthened economic sanction. Secondly, produce, sell the food not in accordance with safety standard or poisonous, is harmful to the food, not in accordance with regulation of criminal law the intersection of composition and important document, commit, produce, sell not in accordance with safety standard the intersection of food and crime or produce, sell the poisonous, harmful food crime, but sell the amount of money more than 50,000 yuan, according to the stipulations of the first paragraph of article 149 of criminal law, can be according to producing, selling the punishment of determining a crime of the crime of the fake and poor products. Again, the behavior of endangering food security formed other crimes such as the food security crime of danger and producing, selling fake and poor products, dealing in, infringement intellectual property right illegally at the same time, choose to punish heavier charge and declare punishment guilty. According to " two high " Judicial explanation that issue stipulate illegal the intersection of production, sale and use and the intersection of hydrochloric acid and grams of logical sequence special Luo (commonly called as " clenobuterol hydrochloride " ),According to different manners, may commit illegal operation or produce, sell the poisonous, harmful food crime, offend against more than two kinds of crimes that criminal law stipulates at the same time, investigate criminal liability according to punishing heavier regulation. A large number of danger food security crime cases are in order to producing, selling the other charges of crime of the fake and poor products,etc. to investigate criminal liability in practice. Punishment (8) Set up the food and supervise the multiple charges of malfeasance and punish severely the malfeasance bear of dereliction of duty for selecting the country to say, criminal law amendment ( Eight) Set up the supervision malfeasance of food, this supervises the malfeasance behavior and did not investigate criminal liability to the food before not meaning. In the criminal law amendment ' Eight) Before the malfeasance of setting up the food and supervising, to the malfeasance behavior of the national staff member responsibile for supervising in food security, can investigate criminal liability according to crime, Malfeasance of abusing one's power. Criminal law amendment ( Eight) The malfeasance crime form supervising the respect of the food is listed, and stipulated the legal punishment with heavier crime, Malfeasance than to abuse one's power, fixed-term imprisonment bring ten year up to from seven year most high legal punishment, strengthen, supervise the intersection of malfeasance and attack of crime to food. Criminal law has also stipulated and done wrong to serve one's friends or relatives that is not transferred the crime of criminal case, the offense of misconduct in office of crime, commodity inspection that commodity inspection does wrong to serve one's friends or relatives, the offense of misconduct in office of crime, animal and plant quarantine that animal and plant quarantine does wrong to serve one's friends or relatives, indulge and produce and sell charges such as the criminal offence crime of the counterfeit or inferior quality goods,etc., as to not causing the danger result not to commit the food and supervise the malfeasance behavior of malfeasance, but accord with the above-mentioned constitutive elements of crime important document, can still be to its punishment of determining a crime. Strengthen the punishment of property and punish and deprive and commit crime the capital bear again and select the country to say completely, the national court will punish the crimes and relevant accepting bribes, malfeasance crimes of endangering the food security strictly in accordance with the law firmly. Attack recidivist, habitual offender, prime culprit in complicity endangering the food security and committing crime severely in accordance with the law, cause endangering, selling the criminal enormous in amount of money to the health seriously, and is in the criminals of production, selling source. Strengthening the punishment of punishment of property constantly, deprive the capital that criminals committed crime again completely. Will also attack and take bribes, shield and connive at the corrupt element who endangers illegal activity of the food security severely in accordance with the law, in supervise and investigate and prosecute, endanger the intersection of food security and the intersection of malfeasance and person that neglect one's duties, abuse one's power, do wrong to serve one's friends or relatives under illegal activity.

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