风险社会中的产品刑事责任

The Criminal Responsibility on Products in Risk Society

面对风险社会的到来,我国在追究缺陷产品侵权责任的基础上,有必要将产品责任扩展到刑事领域。尤其在风险社会下,许多产品在生产和出厂销售之时无法发现缺陷的存在,但置于流通领域后该缺陷产品导致消费者人身伤亡的,生产者应该承担回收义务,如果违背回收义务致法益侵害进一步扩大,则应该追究其刑事责任。

In the coming risk society,we need to expand the responsibility to criminal field beyond tort liability.Especially,we can not detect the drawbacks of many products when they were produced or sent to sell in the market.However,if the products with drawbacks damage people during the course of circulation,the producers must perform their duty of recall and the foundation of recall is their risky behaviors before.And they shall be prosecuted if they violate the duty.