Study On Legal Countermeasures Of Information Asymmetry Of Agricultural Products Safety In China

The agricultural products are the source of food,and their safety directly determines the food safety,and their experience and trust makes it difficult for the consumers to perceive the safety of agricultural products.Therefore,the research on the safety of agricultural products in our country is of great realistic value.In the legal relationship of agricultural product safety,there are three legal entities,namely,the producers and the sellers of agricultural products,the consumers and the governments;and there is the information asymmetry on agricultural product safety among the three legal entities,which is the root of agricultural product safety issue in our country.However,there is still less academic research in this field.This dissertation is based on the information asymmetry of agricultural product safety,and proposes the legal countermeasures to achieve a balance of information among the legal subjects.The research path of this thesis is from the theoretical inquiry to the realistic analysis and then to propose the legal countermeasures.In addition to "Introduction" and "Conclusion",this thesis divides into three parts,which are as follows:Part Ⅰ: General theory of agricultural products safety information and information asymmetry.The safety information of agricultural product is the information that the agricultural products may endanger the interests of the consumers’ life and health in the process of production and sales.The root of the frequent agricultural product safety problems is the information asymmetry.The information asymmetry on agricultural product safety exists between the producers and the sellers of agricultural products and the consumers and the government,and between the consumers and the government,and between the lower and the upper levels of the government and among the all levels of the government.But the purpose of this paper is to overcome the information asymmetry of agricultural product safety to achieve the balance of information.As for the reasons of the information asymmetry of agricultural product safety,the internal causes are the particularity of agricultural products and the cost of obtaining information,and the external causes include the monopolization of information by the producers and the sellers,the government’s failure to fulfill its information’s responsibilities and the lack of knowledge by the consumers.As to the problems caused by the information asymmetry of agricultural product safety,it is easy to cause the “Lemon Market” of agricultural products and the “Moral Hazard” of the body of agricultural product market in the sense of the economics;in addition,it is easy to violate the interests of the consumers,detract from the government credibility and undermine the order of the market in the sense of the jurisprudence.Part Ⅱ: Legislative status and problems of agricultural product safety information in China.Through the analysis of China’s current effective 13 laws,9 administrative regulations,15 departmental rules,and 20 local laws and regulations,the legislative status of agricultural product safety information in our country is reflected in the agricultural product safety information of origin,standard,inspection,certification and identification,and traceability.Further analysis,the problems in the legislation of agricultural product safety information in China are reflected in the three party legal subjects,which are as follows: First,the producers of agricultural products obtain the insufficient information on agricultural products safety and provide the inadequate information on agricultural products safety;Second,the sellers of agricultural product have difficulty to obtain the agricultural product safety information and fail to provide the agricultural product safety information;Third,the government departments lack the ability to collect the agricultural product safety information,and it is not specific that the government departments release the agricultural product safety information;Fourth,the consumers have the insufficient information of agricultural products safety and their feedback on the information of agricultural products safety is ineffective.Part Ⅲ: Legal countermeasures to overcome the information asymmetry of agricultural product safety in China.According to the information asymmetry between the three parties in the legal relationship of agricultural products safety,this part puts forward the corresponding legal countermeasures,which include strengthening the reporting system for the producers and the sellers of agricultural products,improving the mandatory declaration system for the producers and the sellers of agricultural products,the government’s opening agricultural product safety information system,the construction system of agricultural product safety information platform,improving the government education system of agricultural product safety information and perfecting the system of reporting and reward.The six legal countermeasures specifically relate to the principle or the purpose,the subject,the mode or the form,the content and the legal responsibility.