食品认证机构的民事责任研究
发布时间：2018-07-25 19:41
【摘要】：近几年来,食品安全事故层出不穷,引发了世界各国的关注,而食品安全事故之所以频发,与我国食品行业现状有重大关系,这就对食品行业的监管提出了更大的挑战。食品认证机构是食品行业监管的重要组成部分,认证作为权威的、中立的第三方认证机构,在我国承担着重要的监督职能。通过食品认证,可以加强对食品安全的监管,提升食品质量,通过产品质量,确保消费者的生命健康。然而,我国法律对食品认证机构的监督多从行政或刑事方面进行规制,民事责任方面的规定明显不足,即便有规定,民事责任适用也没有一个完整的体系。因此,我们要重视食品认证机构的民事责任制度。本文围绕着食品认证机构的民事责任研究这一主题,从我国食品认证机构现在的发展状况以及所存在的问题来看,通过对食品认证机构违约和侵权责任的分析,研究食品认证机构应该承担什么责任以及怎样承担民事责任问题。本文总共有四个部分,全文分三万余字：本文第一部分研究食品认证机构民事责任承担的必要性,即为什么要承担民事责任,从理论与实践两方面进行分析。食品认证机构为适格的民事责任承担主体,有承担民事责任的理论基础；从实践来说,食品认证机构的职能是对食品进行认证活动,有义务依照诚实信用原则,保证认证的真实性。但是很多食品认证机构存在不作为现象,不能很好的履行自己的义务,使许多食品认证机构形同虚设。所以,法律对食品认证机构进行民事处罚,来维护消费者的权益是十分必要的。本文第二部分分析食品认证机构对生产者承担的民事责任问题,即承担什么民事责任。从生产者的角度进行考虑,分析违约和侵权责任的承担。违约责任是食品认证机构与生产者之间签订了合同,理论界关于合同的性质有不同的理解。笔者认为食品认证机构与生产者之间存在的是服务合同,在合同的基础上,食品认证机构对生产者应该承担违约责任；食品认证机构对生产者的侵权行为比较少见,但也有相应体现,本文也作了简单的概述。本文第三部分研究食品认证机构对消费者的违约和侵权责任,这是本文说讨论的重点。关于这一点很少有学者涉及到,笔者同意食品认证机构对消费者承担侵权责任。下文对食品认证机构侵权责任的归责原则、构成要件以及责任形态一一进了阐述。本文第四部分分析了食品认证机构怎样承担民事责任的问题。第一节讨论了相对于行政和刑事责任,食品认证机构应承担民事责任；第二、三节广泛来说可以从实体和程序两方面分析,笔者对与一般侵权相同的部分没有进行阐述,而是针对食品认证机构特殊的责任赔偿与消费者公益诉讼进行了简要的讨论。
[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.
【学位授予单位】：北京化工大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.16
本文编号：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.
【学位授予单位】：北京化工大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.16
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