Experts can be invited to appear in court in the h

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In the case of food safety, experts can be invited to appear in court to avoid over reliance on the inspection report. Is the food safe, toxic and harmful? Whether consumers make judgments in daily life or judicial organs crack down on crimes endangering food safety, relevant inspection reports have broad development space in the home decoration industry. The report and appraisal conclusion are undoubtedly the key evidence. In practice, different institutions with inspection qualifications have drawn different conclusions from time to time, and the identification involving imported food is more complex. The judge believes that the judicial interpretation of the supreme law and the supreme inspection of crimes endangering food safety that have been implemented can initially solve this problem

the first intermediate people's Court of Beijing once heard a case of Beijing shihoude food company selling vacuum packaged semi-finished roast duck that did not meet the food safety standards. The judge found that in practice, there was no special appraiser and appraisal institution to test microorganisms, while the food hygiene supervision or product quality supervision department that made the appraisal was not included in the list of national judicial appraisers and judicial appraisal institutions in Beijing, The court recognized the evidentiary effect of the inspection report, but called for the improvement of the registration scope of the appraisal institution and appraisers and the comprehensive appraisal category

Tao Wei, vice president of the second criminal division of the Beijing first intermediate people's Court: China implements segmented management of food safety testing. Everyone who is eating should have a detailed understanding of the different links of product production and circulation, and each law enforcement department has the right to manage. Therefore, in practice, each administrative department has its own inspection institutions that meet the qualification requirements of the health administration department of the State Council, These inspection institutions undertake the same inspection for illegal acts, and the inspection conclusions or reports made are also legally valid

although this is conducive to all regulatory departments to investigate and deal with acts endangering food safety in a timely manner, it has brought some trouble to the identification of the inspection report by the judicial authorities. How to identify different inspection conclusions for the same illegal event? If imported food is involved, the identification standards are inconsistent, and the authoritative identification of inspection institutions is inconsistent, which is more difficult to identify

Tao Wei: China has not specified the scope of food safety inspection institutions, and the inspection qualifications of each inspection institution are valid. If the content of the appraisal report made by the appraisal institutions under different departments on the same illegal fact deviates, it will cause great confusion to the judicial personnel on the issue of which report is more effective. The parties often put forward opinions on the adverse inspection report or even the application for re appraisal

at present, according to the provisions of the supreme law and the judicial interpretation of the supreme inspection of crimes endangering food safety, if it is enough to cause serious food poisoning accidents or other serious foodborne diseases, and it is difficult to determine toxic and harmful non food raw materials, the judicial organ can identify them according to the inspection report and in combination with expert opinions and other relevant materials. When necessary, the people's court may notify relevant experts to appear in court and make explanations according to law. Tao Wei believes that this is conducive to the judge to make accurate judgments

Tao Wei: the provision of this article is to provide the test report and expert opinions to the judge for decision-making as a comprehensive consideration, which frees many judicial personnel from the original excessive dependence on expert conclusions and test reports

it can be predicted that the opinions of people with professional knowledge will play a great role in the handling of consumer claims disputes, criminal cases and administrative cases related to food safety

all plastic racing engine nbsp; Tao Wei: if both the prosecution and the defense and the parties have disputes about the content of the inspection report, they can apply to the court to notify people with expertise to appear in court to put forward expert opinions on the expert opinions. At the same time, China's criminal procedure law also stipulates that when necessary, the court can also notify the expert to appear in court and explain the expert opinions, so that the judge can find out the facts through the comprehensive judgment of multiple evidences, Avoid single identification of evidence, so it is made of PVC and polystyrene and the resulting harmful consequences

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