Although the crime of endangering food safety in Chinese Criminal Law is a typical administrative crime,the category of"food"is far beyond the scope of administrative law,and the category of"food"in the two specific crimes is also inconsistent.The crime of producing and selling food that does not meet the safety standards should be based on the risk of causing serious food poisoning acci-dents,and it is necessary to carefully identify whether animal meat products that die of illness or cause of unknown death have the risk of criminal violation.The"toxic and harmful non-food raw materials"in the crime of producing and selling toxic and harmful food should be limited to substances prohibited by laws and regulations to be added and used,and the crime can only be established if the act of"adding and mixing"is implemented.
关键词
食品安全/刑事规制/生产、销售不符合安全标准的食品罪/生产、销售有毒有害食品罪
Key words
food safety/criminal regulation/crime of producing and selling food that does not meet safety standards/crime of pro-ducing and selling toxic and harmful food
维普
万方数据