The judicial determination of the crime of endangering food safety mainly includes the identification of the crime of producing and selling the food which does not conform to the safety standard, the crime of producing and selling poisonous and harmful food and the crime of dereliction of duty in food regulation. However, there is a series problems in this determination, such as the food production operators’ subjective deliberately is difficult to determine, food safety standards is difficult to determine, there is no clear provision of the criminal law about the transportation and storage of food which does not meet safety standards or is poisonous and harmful, whether there is a direct intentional in the food supervision malfeasance crime of abuse of power problem. It must be in-depth analysis, so that some efficient ways should be found to improve it, such as putting the food production operators into the category of “presumed to be aware”, clearing food safety standards, adding “crime of transporting or storing food which does not meet the safety standards or is toxic and harmful”, clearing crime of abuse of food supervision power and dereliction of duty subjective only contains indirect intent and negligence, in order to achieve a better guarantee of food safety.