食品認證機構的民事責任研究
發(fā)布時間：2018-07-25 19:41
【摘要】：近幾年來,食品安全事故層出不窮,引發(fā)了世界各國的關注,而食品安全事故之所以頻發(fā),與我國食品行業(yè)現狀有重大關系,這就對食品行業(yè)的監(jiān)管提出了更大的挑戰(zhàn)。食品認證機構是食品行業(yè)監(jiān)管的重要組成部分,認證作為權威的、中立的第三方認證機構,在我國承擔著重要的監(jiān)督職能。通過食品認證,可以加強對食品安全的監(jiān)管,提升食品質量,通過產品質量,確保消費者的生命健康。然而,我國法律對食品認證機構的監(jiān)督多從行政或刑事方面進行規(guī)制,民事責任方面的規(guī)定明顯不足,即便有規(guī)定,民事責任適用也沒有一個完整的體系。因此,我們要重視食品認證機構的民事責任制度。本文圍繞著食品認證機構的民事責任研究這一主題,從我國食品認證機構現在的發(fā)展狀況以及所存在的問題來看,通過對食品認證機構違約和侵權責任的分析,研究食品認證機構應該承擔什么責任以及怎樣承擔民事責任問題。本文總共有四個部分,全文分三萬余字：本文第一部分研究食品認證機構民事責任承擔的必要性,即為什么要承擔民事責任,從理論與實踐兩方面進行分析。食品認證機構為適格的民事責任承擔主體,有承擔民事責任的理論基礎；從實踐來說,食品認證機構的職能是對食品進行認證活動,有義務依照誠實信用原則,保證認證的真實性。但是很多食品認證機構存在不作為現象,不能很好的履行自己的義務,使許多食品認證機構形同虛設。所以,法律對食品認證機構進行民事處罰,來維護消費者的權益是十分必要的。本文第二部分分析食品認證機構對生產者承擔的民事責任問題,即承擔什么民事責任。從生產者的角度進行考慮,分析違約和侵權責任的承擔。違約責任是食品認證機構與生產者之間簽訂了合同,理論界關于合同的性質有不同的理解。筆者認為食品認證機構與生產者之間存在的是服務合同,在合同的基礎上,食品認證機構對生產者應該承擔違約責任；食品認證機構對生產者的侵權行為比較少見,但也有相應體現,本文也作了簡單的概述。本文第三部分研究食品認證機構對消費者的違約和侵權責任,這是本文說討論的重點。關于這一點很少有學者涉及到,筆者同意食品認證機構對消費者承擔侵權責任。下文對食品認證機構侵權責任的歸責原則、構成要件以及責任形態(tài)一一進了闡述。本文第四部分分析了食品認證機構怎樣承擔民事責任的問題。第一節(jié)討論了相對于行政和刑事責任,食品認證機構應承擔民事責任；第二、三節(jié)廣泛來說可以從實體和程序兩方面分析,筆者對與一般侵權相同的部分沒有進行闡述,而是針對食品認證機構特殊的責任賠償與消費者公益訴訟進行了簡要的討論。
[Abstract]:In recent years, food safety accidents have come out in an endless stream, which has aroused the attention of all countries in the world. And the frequent occurrence of food safety accidents has a great relationship with the status of the food industry in China, which poses a greater challenge to the supervision of the food industry. The food certification body is an important part of the food industry supervision, and the certification is an authoritative and neutral system. The third party certification bodies have an important supervisory function in our country. Through food certification, we can strengthen the supervision of food safety, improve the quality of food and ensure the life and health of consumers through the quality of the products. However, the supervision of the food certification bodies in our law is mainly regulated from the administrative or criminal aspects and civil liability. The provisions of the civil liability system are not a complete system. Therefore, we should attach importance to the civil liability system of the food certification bodies. This article focuses on the subject of the research on the civil liability of the food certification bodies, and the development of the food certification bodies in China and the existing problems. After the analysis of the liability for breach of contract and the liability for infringement of food certification bodies, the paper studies what responsibility and how to bear civil liability for food certification bodies. There are four parts in this article. The full text is divided into three thousand words: the first part of this article is to study the necessity of the civil responsibility of the food certification body, that is, why the civil liability should be borne, From the two aspects of the theory and practice, the food certification body is the subject of the civil liability for the proper case and the theoretical basis for the civil liability. In practice, the function of the food certification body is to authenticate the food, and has the obligation to ensure the authenticity of the certification according to the principle of honesty and credit. But many food certification bodies In the second part of this paper, the second part analyzes the civil liability of the food certification bodies for the producers of the producers, that is, what people to undertake. Responsibility. Consider from the producer's point of view and analyze the liability for breach of contract and tort. The liability for breach of contract is a contract between the food certification body and the producer. The theoretical circle has a different understanding of the nature of the contract. I think the existence of a service contract between the food certification agency and the producer, on the basis of the contract, the food The certification body should bear the liability for breach of contract for the producers; the infringement of the producers by the food certification body is relatively rare, but it also has a brief overview. The third part of this paper studies the breach and tort liability of the food certification bodies to consumers. This is the focus of this discussion. The author agrees that the food certification body is responsible for the infringement of the consumer. The following principles, the elements and the form of responsibility of the tort liability of the food certification body are introduced. The fourth part of this article analyzes the problem of how the food certification bodies undertake civil liability. The first section discusses the relative to the administrative and criminal cases. Responsibility, food certification bodies should bear civil liability; the second, third section can be widely analyzed from two aspects of the entity and procedure. The author does not elaborate on the same part of the general tort, but briefly discusses the special liability compensation of the food certification body and the consumer public interest litigation.
【學位授予單位】：北京化工大學
【學位級別】：碩士
【學位授予年份】：2016
【分類號】：D922.16
本文編號：2144871
[Abstract]:In recent years, food safety accidents have come out in an endless stream, which has aroused the attention of all countries in the world. And the frequent occurrence of food safety accidents has a great relationship with the status of the food industry in China, which poses a greater challenge to the supervision of the food industry. The food certification body is an important part of the food industry supervision, and the certification is an authoritative and neutral system. The third party certification bodies have an important supervisory function in our country. Through food certification, we can strengthen the supervision of food safety, improve the quality of food and ensure the life and health of consumers through the quality of the products. However, the supervision of the food certification bodies in our law is mainly regulated from the administrative or criminal aspects and civil liability. The provisions of the civil liability system are not a complete system. Therefore, we should attach importance to the civil liability system of the food certification bodies. This article focuses on the subject of the research on the civil liability of the food certification bodies, and the development of the food certification bodies in China and the existing problems. After the analysis of the liability for breach of contract and the liability for infringement of food certification bodies, the paper studies what responsibility and how to bear civil liability for food certification bodies. There are four parts in this article. The full text is divided into three thousand words: the first part of this article is to study the necessity of the civil responsibility of the food certification body, that is, why the civil liability should be borne, From the two aspects of the theory and practice, the food certification body is the subject of the civil liability for the proper case and the theoretical basis for the civil liability. In practice, the function of the food certification body is to authenticate the food, and has the obligation to ensure the authenticity of the certification according to the principle of honesty and credit. But many food certification bodies In the second part of this paper, the second part analyzes the civil liability of the food certification bodies for the producers of the producers, that is, what people to undertake. Responsibility. Consider from the producer's point of view and analyze the liability for breach of contract and tort. The liability for breach of contract is a contract between the food certification body and the producer. The theoretical circle has a different understanding of the nature of the contract. I think the existence of a service contract between the food certification agency and the producer, on the basis of the contract, the food The certification body should bear the liability for breach of contract for the producers; the infringement of the producers by the food certification body is relatively rare, but it also has a brief overview. The third part of this paper studies the breach and tort liability of the food certification bodies to consumers. This is the focus of this discussion. The author agrees that the food certification body is responsible for the infringement of the consumer. The following principles, the elements and the form of responsibility of the tort liability of the food certification body are introduced. The fourth part of this article analyzes the problem of how the food certification bodies undertake civil liability. The first section discusses the relative to the administrative and criminal cases. Responsibility, food certification bodies should bear civil liability; the second, third section can be widely analyzed from two aspects of the entity and procedure. The author does not elaborate on the same part of the general tort, but briefly discusses the special liability compensation of the food certification body and the consumer public interest litigation.
【學位授予單位】：北京化工大學
【學位級別】：碩士
【學位授予年份】：2016
【分類號】：D922.16
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