制造商因生产出品质上有缺陷的食品、药品,造成消费者伤亡事故,并有可能被追究刑事责任的情形有三种:其中因对原料商等其他分工者监督不严而过失生产伪劣食品、药品或者因对消费者保护不周而使得消费者不正当使用食品、药品,进而导致伤亡事故的,分别涉及到制造商对其他分工者的监督义务、制造商对消费者的保护义务,在制造商刑事责任认定的问题上更为复杂,也是理论上应当关注的焦点。制造商和原料商等其他分工者的关系中,制造商对原料商等生产链条中的分工者存在着监督义务,但是该监督义务可以透过刑法上信赖原则的介入而减轻。而在制造商和消费者的交往关系中,制造商负有严密保护消费者安全的注意义务,无适用刑法上信赖原则而减轻制造商注意义务的空间。 There are three situations in which manufacturers may be held criminally responsible for producing food and medicine that are flawed in quality and causing injury or death to consumers. Whereas due to the negligence of other producers who produce raw materials such as raw materials, Drugs or improper consumers because of consumer dishonest use of food and medicine, which led to casualties, respectively, related to the manufacturer’s supervision obligations to other workers, manufacturers to consumers protection obligations, in the manufacture The identification of criminal liability is more complicated, and it should be the focus of attention in theory. Manufacturers, such as manufacturers and suppliers, have a supervisory obligation to those who work in the production chain, such as raw material suppliers. However, this supervisory obligation can be mitigated through the intervention of the principle of trust in criminal law. In the relationship between manufacturers and consumers, manufacturers have a close attention to the protection of consumer safety obligations, there is no applicable principle of trust in the criminal law to reduce the manufacturer’s duty to note the space.