偷食喷洒过农药的农作物后中毒案的法律解析

The Legal Analysis about the legal Cases that the Victims Were Poisoned Because of Eating the Toxic Crops that the Victims Stole

因偷食喷洒过农药后的果实、蔬菜等农产品而中毒的案件,时有发生。在此类案件的判决上,各地法院对于当事人双方过错程度以及对加害人行为性质的认定都过于笼统。事实上来讲,农药按照国家相关的分类,有剧毒、高毒、中毒、低毒之分,还有禁止使用、限制使用和准用之分,这直接影响到了加害人行为性质以及过错程度的确认。而对于偷食者,也即受害人来说,其过错程度也和其是否为相应民事行为能力人有关。文章通过对相关法律问题的分析,着重在侵权责任方面,为以后法院在此类案件的判决上提供一个可以直接参照使用的模型。

There are many legal cases that the victims were poisoned because of eating the toxic crops that have been sprayed by pesticide in our society. The judgements by some courts are too fazzy in the tort liability and the act of tort of injuring person. In fact pesticide is divided into high toxicity, poison, and law toxicity by national standards. These directly affect the judgement on the tort liability and the act of tort of injuring person. At the same time the tort liability of victim is related with his civil capacity. Based on the analysis of the relevant legal issues,highlighted in tort liability ,the article provides a direct reference to the use of the model for court＇s decision in such cases.