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近年来,有关食品安全类的犯罪层出不穷。被称为“史上最严”的新《食品安全法》于去年10月1日正式开始实施,这也意味着国家对食品安全管理这一重大民生问题十分关注。生产、销售有毒、有害食品案件频发,十分具有研究价值。但是学界对适用该罪的若干问题争议点繁多,各地司法实践中也无法做到统一。故本文针对食品的范围界定;非食品原料的理解;“生产”、“销售”、“掺”及“掺”行为的理解适用;“有毒”、“有害”的认定等问题略作探讨。
In recent years, crimes related to food safety have been emerging. The new “Food Safety Law”, which is known as the “strictest history in the history,” officially came into force on October 1 last year. It also means that the state is very concerned about the major livelihood issue concerning food safety management. The production and sale of poisonous and harmful food are frequent and have great research value. However, the academic circles have a great deal of controversy over a number of issues concerning the application of the crime, and they can not be unified in their judicial practices. Therefore, this article aims at the definition of the scope of food; the understanding of non-food raw materials; the understanding of “producing”, “selling”, “blending” and “blending” Harmful "identification and other issues a little discussion.