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生命健康权是人最基本的人权,但是现实生活中,破坏食品安全的犯罪仍时有发生,亚硝酸盐型犯罪就是其中一种犯罪表现形式,人们的食品安全权得不到有效保障。打击此类犯罪是司法机关的职责所在,然而打击此类犯罪的前提是在刑法上对该类犯罪有一个准确的定性,只有定性准确才能准确的适用罪名,进而给予适当的刑罚,做到罚当其罪。司法理论和司法实践中,对于亚硝酸盐型犯罪的定性存在较大争议,本文从一则案例入手,在对争议进行分析的基础上,对亚硝酸盐型犯罪定性进行了深入研究,以求对司法实践能有所帮助,对食品安全权保障能有所裨益。
The right to life and health is one of the most basic human rights. However, in real life, the crime of undermining food safety still occurs. The crime of nitrite is one of the forms of crime, and people’s right to food security can not be effectively guaranteed. It is the responsibility of the judiciary to crack down on such crimes. However, the premise of cracking down on such crimes is that criminal laws have an accurate qualitative definition of such crimes, and only accurate and accurate rules can accurately apply the charges, thus giving appropriate penalties and penalties When its sin. Judicial theory and judicial practice, the nature of nitrite type crime is more controversial, this article starts with a case, on the basis of the analysis of the dispute, conducted a qualitative study of nitrite type crime in order to seek It can be helpful to judicial practice and can be of benefit to the protection of food safety rights.