Study On The Supervisory Negligence Liability Of Manufacturers In Food Safety

In the criminal protection of food safety, there are two kinds of circumstances that the manufacturer may be held criminally responsible. First, manufacturers deliberately production does not meet the safety standards or poisonous and harmful food, such as in food incorporation prohibit add toxic and harmful non food raw materials or mixed into allows you to add a food raw materials beyond the permitted scope of use, dosage, resulting in production of food major quality defects, causing serious food safety accidents. Second, manufacturers did not deliberately production, the sale of unsafe food, just did not took detailed examination in the food raw materials procurement process, lead to the production does not meet safety standards or toxic and harmful, causing serious food safety accidents. Among them, in the first case, the manufacturer intentionally produce poisonous and harmful food, can according to the harm of our country "criminal law" the regulation of food safety crime basic and associated charges, for manufacturers to the production, the sale is not in conformity with the safety standards of food crime or production, sales of poisonous and harmful food crimes and other charges. Contrast, in the second case, in fact is because the direct participants such as manufacturers in the process of production staff, the lax supervision of manufacturers have not production, the sale of unsafe food deliberately. According to the principle of a legally prescribed punishment, our current criminal law of deliberately not to endanger the safety of food, just not in the process of food raw materials procurement detailed inspection, lead to the production of food is not in conformity with the safety standards or poisonous and harmful, causing severe food safety accident, not to harm the food safety crime basic charges or associated conviction, it obviously not conducive to the protection of food safety. Therefore, the second case study for the above, this paper respectively from the manufacturer of the duty of care and whether the principle of trust from their own supervision duty and so on aspects, so as to the supervision of food manufacturers in the judicial practice the cognizance of the fault liability.