食品安全监管视角下的民事责任制度研究

On Civil Liability System in View of Food Safety Supervision

我国食品安全监管领域依然存在很多问题,解决的关键是建立完善的食品安全民事法律责任制度。缘于食品领域侵权行为的特殊性,要明确民事责任的构成要件,核心是无过错责任原则的判断规则。由于食品领域事故的多发性和损害结果的范围广、后果严重,所以在制度上确立连带责任制度和惩罚性赔偿制度极为关键。

Food safety supervision is still a serious problem. The absence of guidance to most consumers in helping the government to supervise the operators is the key of the problem. Governments supervise operators is a form of supervising the majority by the minority, which makes the supervising strength not enough. While the consumers supervise the operators is on the contrary a form of supervising the minority by the majority, which makes full - strength supervision. Guiding consumers to supervise food safety must solve the problems of difficulties in acceptance and trial of food safety procedures. Penalty damage is an important motive force that inspires the consumers to help the government in supervising food safety.