Research On Not Performing Recall Obligation In Harming Food Safety Crimes

The crime of producing and marketing food that does not meet the safety standards refers to the act of producing and selling food that does not meet the health standards,which is enough to cause serious food poisoning accidents or other serious food diseases.Producers and sellers shall have the obligation to recall the defective food flowing into the market.In the "Sanlu milk powder" incident in China and the "Senyong milk powder case" in Japan,when the producers learned that the products did not meet the safety standards,they failed to take the recall action in time,resulting in the products entering the market,causing huge casualties and property losses.However,China’s food safety law only provides a relatively light administrative penalty for non recall behavior,which fails to link up with the criminal law,which is not conducive to urging producers and sellers to perform recall obligations to avoid damage results,making it difficult for the production and sale of food crimes that do not meet the safety standards to play their due preventive and protective functions.Therefore,the study of the obligation of food recall plays an important role in improving crime,enriching the theory of omission crime and improving the food safety system.The first part of this paper,first of all,defines the concept of food recall obligation,which is included in the scope of criminal law,and determines that it belongs to the problem of intentional constitution in criminal law.Secondly,through the case study,this paper analyzes the problems in the subjective cognizance of the crime of harming food safety in practice,as well as the legislative connection between the food recall system stipulated in the food safety law and the criminal law.Finally,according to the behavior of not performing recall obligation,it can be concluded that the actor has the intention of harming food safety.In the second part,the author comments on the existing theory of intentional knowledge content,and thinks that intentional knowledge content should include social harmful knowledge,and the behavior of not performing the obligation of food recall shows that the actor has the knowledge of harming food safety.Then,to find the substantial basis for the illegality of not performing food recall obligation,that means,to control the risk of food manufacturing and export.Finally,the behavior of not performing food recall obligation shows that the actor has subjective control over food risk.The third part,continues to carry out further research within the scope of harming food safety crimes,that is,the behavior of failing to perform the obligation of food recall has an effect on identification of the criminal forms of harming food safety crimes,such as accomplished form,attempted form,discontinued crime and joint crime.Whether it is to meet the needs of judicial practice,or to improve the theory,the development of individual crime,and the study of food safety crime have certain value.