Study On The Responsibility Of Agricultural Producers To Guarantee The Quality And Safety Of Agricultural Products

The quality and safety of agricultural products are closely related to the national economy and people's livelihood.The state attaches great importance to the quality and safety of agricultural products.Through the formulation and implementation of relevant legislation such as the law on the quality and safety of agricultural products and the law on food safety,the quality and safety level of agricultural products in China has been steadily improved,and the qualification rate of routine monitoring of main agricultural products has been kept above 96% for five consecutive years.However,with the development of society and the improvement of people's living standards,the public has put forward higher requirements for the quality and safety level of agricultural products.Some systems of the law on the quality and safety of agricultural products can no longer meet the needs of the quality and safety work of agricultural products in the new era.The revision of the law on the quality and safety of agricultural products has entered the legislative agenda.t is one of the important issues in the legislative revision to fully implement the producer's main responsibility.The current legislation of the responsibility system for the quality and safety of agricultural product producers has some problems,such as the incomplete coverage of the main body,the unreasonable allocation of obligations,and the poor traceability of responsibilities,which seriously affect the implementation effect of the law on the quality and safety of agricultural products.How to solve these problems in the legislative revision is still lack of enough consensus in the theoretical and practical circles.Is it possible to comprehensively stipulate the quality and safety guarantee responsibilities of agricultural product producers,and include all agricultural product producers,including retail investors,into the scope of the main body of responsibility? How to balance product qualification and behavior compliance in agricultural product quality and safety regulations,and truly achieve "source control" ? How to realize the complementarity and coordination of administrative and judicial investigation in the accountability mechanism of quality and safety guarantee of agricultural product producers? The theoretical and practical circles still lack sufficient empirical research and strong theoretical support for these issues,and it is difficult to design relevant systems in legislation.In this paper,through theoretical deconstruction,the study of subject liability is limited to four levels: subject basic management,obligation allocation,legal responsibility setting and legal liability investigation,and the basic framework and boundary of the discourse are determined.Focusing on the improvement of agricultural producers' quality and safety responsibility system,this article starts from five aspects.The first part is the basic category of agricultural product producers' quality and safety responsibility.This part mainly through the analysis of basic concepts such as "agricultural products","agricultural product producers","quality and safety","responsibility "and "safety guarantee responsibility",to determine the research object and research boundary.The author defines the agricultural product quality and safety guarantee responsibility of agricultural product producers as “the agricultural product producers are responsible for ensuring the safety of their agricultural products.Not only does it emphasize that agricultural product producers must bear corresponding legal responsibilities(liability)after committing illegal acts,but also Emphasize that producers of agricultural products have a legal obligation(responsibility)to ensure the safety of the agricultural products they produce ".Therefore,the agricultural product quality and safety guarantee responsibility of the research object,agricultural product producers,mainly includes the agricultural product producer's obligation to guarantee agricultural product safety and the legal liability of the agricultural product producer's violation of the agricultural product safety guarantee obligation.The second part is the empirical research on the responsibility system of agricultural product producers' quality safety guarantee in the current agricultural product quality safety legislation.This part through empirical analysis of the legislative text and the judicial cases of the implementation of the agricultural product quality and safety law,summarizes the practical issues that summarize the quality and safety guarantee responsibilities of agricultural producers,and establishes the "problem-oriented" of this study.The main responsibility issues of agricultural product quality and safety guarantee mainly include ambiguous boundaries of agricultural product production subject caused by the unclear core concept of "agricultural products",incomplete coverage of agricultural products producers by legal regulations,unreasonable allocation of agricultural product quality and safety guarantee obligations,and laws Issues such as unscientific responsibility setting and difficult legal accountability.The article analyzes the causes of these problems from the aspects of understanding root causes and objective constraints of system operation.The third part is the transformation of the value orientation and implementation model of agricultural product producers' quality safety guarantee responsibility system.The value orientation of the system fundamentally determines the appearance of the system.This part first discusses the value pursuit of agricultural product quality and safety legislation,and reflects on the dual value goal of the current legislation not only to maintain agricultural product quality and safety but also to promote the development of agriculture and rural economy In the aspect of legal interests,the balance between the protection of the interests of agricultural products consumers and the protection of the interests of agricultural products producers(mainly farmers)is discussed.The system operation mode is also an issue that must be considered in the system design.On the dominant mechanism of the implementation of the quality and safety guarantee responsibility system for agricultural product producers,it rethinks the current administrative supervision-based implementation mode,and proposes not only to focus on government supervision responsibility in the quality and safety guarantee of agricultural products It also emphasizes the use of market mechanisms to pursue producers 'responsibilities based on contract and tort legal relationships.The fourth part,this part is the presentation part of the system research.According to the basic framework of the research on the quality and safety responsibility system of agricultural products producers,the paper puts forward the direction and suggestions for the system improvement from the aspects of the main body regulation,the obligation allocation and the optimization of the legal responsibility system.In the aspect of subject regulation,it is emphasized that we should strengthen the overall regulation of the subject of agricultural production in the multiple regulatory concepts and methods of information regulation and soft law regulation,and bring all the producers of agricultural products into the regulatory vision through the solid basic management of the subject of agricultural production;in the aspect of obligation allocation,we should optimize the legal classification of the producers of agricultural products,and carry out the regulation through the type of obligation allocation On the optimization of the legal responsibility system of agricultural product quality and safety,we should improve the punishment of legal responsibility according to the changes of the times,the connection and coordination of relevant laws,and the actual needs of legal implementation,enrich the types of legal responsibility,and improve the connection between legal obligation and legal responsibility as well as different types of legal responsibility.The fifth part,as an extension of the system design,mainly discusses the operation of the responsibility system for quality and safety assurance of agricultural producers.According to the definition of the basic category of liability in this article,responsibility includes not only accountability after violating legal obligations,but also the active fulfillment of legal obligations by the subjects of legal obligations.Agricultural product producers should fully respect the role of the market mechanism in the operation of the responsibility system for quality and safety assurance of agricultural products,and exert the initiative of agricultural product producers in fulfilling their legal obligations through price mechanisms and credit mechanisms.In the investigation of the legal responsibilities of agricultural product producers for violating agricultural product quality and safety guarantee obligations,On the one hand,it is still necessary to give full play to the role of the administrative law enforcement mechanism,and strengthen the accountability of agricultural producers for violating agricultural product quality and safety guarantee obligations from the aspects of strengthening law enforcement capabilities,innovating forms of responsibility,and serious administrative accountability.On the other hand,we should fully stimulate consumers and the downstream links of the industrial chain to pay attention to the quality and safety behaviors of agricultural producers.Through the design of punitive compensation,retroactive mechanism,liability insurance and other systems,we should activate the private implementation mechanism of law,share the pressure of administrative law enforcement,and through the civil liability mechanism,we can realize the accountability of agricultural producers for violating the obligations of agricultural product quality and safety protection.