Research on Criminal Liability of Manufacturing or Selling Goods Endangering to Human Health or Personal Safety
Date Issued
2015
Date
2015
Author(s)
Liu, Shan-Hsiu
Abstract
Abstract In today''s commercial and industrial society, using goods which are manufactured from factory is very common in our life. However，some manufacturer may produce goods with materials which are injurious to human health，or produce goods having serious defection of design or construction which may cause a fire accident、explosion or other violations of personal safety. In the above-mentioned condition，the behaviors about producing such goods will contain high degree of danger. When such bad goods are manufactured in large amounts，and circulate in the consumer market，will result into danger of health or life to people in uncertain range. Therefore，in fact，these behaviors are offenses against public safety. In order to deal with this “commodity nuisance” phenomenon, this paper will review the criminal code in our country，whether there is relational enactment to punish manufacturer producing goods which are harmful to health and life，and whether our present legal system is enough. View our criminal code，to deal with this problem，in addition to Offenses of Causing Bodily Harm or Homicide with Professional Negligence，Criminal Code of the Republic of China Article 191 should be a criminal basic norm to punish manufacturer producing goods which are injurious to health. However，Criminal Code of the Republic of China Article 191 could just deal with goods which is injurious to health by consumption or close contact with the body，and usually refer to chemical injury. When goods have serious defection of design or construction which may cause a fire accident、explosion or other violations of personal safety，Criminal Code of the Republic of China Article 191 can’t cope with these condition. When goods have serious defection of design or construction which may cause a fire accident、explosion or other violations of personal safety，compare to the condition of Criminal Code of the Republic of China Article 191，the behaviors about producing such goods have same danger to human health and life，and is also confronted with a dilemma to prove causal relationship. For this reason，Criminal Code of the Republic of China Article 191 is not enough. This paper is trying to enact a criminal basic norm which can deal with all kinds of danger of goods.
Subjects
injurious to health
safety of goods
offender of abstract danger
risk
causal relationship
tolerable risk
principle of explicitness
Type
thesis
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