Study On The Product Tort Liability Of The Producers Of Agricultural Products

Food safety concerns the life and health of 1.4 billion Chinese people,and agricultural products are the basis and source of almost all food.The strict control of the quality and safety of agricultural products is the responsibility for the health and safety of the people.Among them,the responsibility of producers of agricultural products in the source link of agricultural products is particularly important.Due to the complexity and particularity of the causes and paths of agricultural products’ damage,the infringement problems caused by the quality of agricultural products show the characteristics of extensive harm,strong concealment,difficulty in identifying causality and diversification of liability subjects,which leads to the problems of how to ensure the quality of agricultural products,whether to bear liability when the quality and safety problems cause damage to people,and how to bear tort liability.At present,there are double difficulties in determining the responsibility of agricultural product producers in China,such as fact determination and law application.After the occurrence of agricultural product infringement,it is often difficult to reasonably distribute the responsibility of agricultural product producers,which will directly affect the timely relief of the legitimate rights and interests of victims.Therefore,it is of positive theoretical and practical significance to study the product tort liability of agricultural product producers.Based on the above considerations,this paper is divided into five chapters.The first chapter mainly clarifies the relevant concepts of product tort liability of agricultural product producers,laying the foundation for the following discussion.The second chapter analyzes the particularity of agricultural product damage,such as its important position,complex infringement path,traceability of quality and safety issues,which leads to the inability of relevant disputes to apply general civil norms.The third chapter analyzes the establishment and determination of the product tort liability of agricultural producers.The establishment of tort liability must have the common constitutive elements of general civil tort,but in the principle of liability fixation,fault liability and no fault liability should be applied to agricultural producers of different scales and levels respectively;In terms of defense reasons,general defenses such as force majeure,fault of the victim and third party reasons are obtained by referring to comprehensive civil norms,and applicable special reasons are obtained by analogy with relevant provisions,which are divided into quality and safety problems occurring outside the production link and being subject to the limitations of science and technology at that time,which can not be objectively detected.The fourth chapter analyzes the responsibility of agricultural producers.After clarifying the various situations that should be borne by agricultural producers,the issue of internal and external responsibility is discussed.In the aspect of external liability,it mainly refers to the determination of the sequence,mode and scope of damage compensation of liability;In the aspect of internal liability allocation,it mainly discusses the infringement caused by cumulative causation and common causation.The fifth chapter proposes supporting measures to prevent infringement of agricultural products,including regular education and training of agricultural producers,strict enforcement of environmental testing of agricultural products and optimization of production and circulation chain records.