风险不确定下的食品侵权责任研究

Study on Food Tort Liability under the uncertain Risk

在风险社会,风险具有高度的不确定性,即风险在发生、预防、控制和所致结果方面都是不确定的,这在食品侵权领域表现为食品侵权事件的大规模性,即牵涉的受害人主体众多,且受到影响的社会秩序范围广、时间长、程度深。针对食品侵权事件的该种特性,并考虑到我国相关法律规制欠缺准确性,故应该坚持危险责任理论在食品安全领域的应用,以加强对于弱势消费者群体的保护,减轻国家和政府的负担,维护社会的稳定和有序发展。

In the risk society, there are a high degree of uncertainty characteristics which manifested in the occurrence, prevention, control and lead to the results of the uncertainty. That leads to a result of the performance for large-scale food violations in the field of Food infringement, which have many that victims involved in the main, and affected a wide range of social order, along time, and the degree of deep. Of the characteristics for food violations, and taking into account the lack of accuracy of China＇s relevant laws and regulation, it should insist on the risk theory of liability in the field of food safety in order to strengthen protection for vulnerable groups of consumers, reduce the financial burden of state and government and maintain social stability and orderly development.