Research On Civil Liability Of Certification Body

Certification is an important mean to improve the quality levels and promote economic development. Through certification, it can be effectived from the source to ensure product safety and quality, protecting human health and safety. As an authority and neutral third party, certification body shoulder social functions as ’transmit trust, serve development’. However, domestic legislation are more likely to regulate the liability from administrative and criminal angle. Few from civil aspects. The status of the corresponding legislative realities is that certification market growing, double the increase in the number of certificates and civil certification disputes. And consumer demands for civil compensation certification body has no legal basis. Therefore, improving the civil liability system of certification body is very important.This article started with the status quo of china’s civil liability system analysis of certification bodies. Distinguish between certification bodies and certification clients and the third person in legal relationship. Clear the different legal liability of both the certification body. And also researched on how to identify civil liability of certification bodies. And then put forward the recommendations of consummate the system of civil liability of certification bodies.The article is divided into three parts, almost three thousand words. The basic logic is as follows:First, in the first part, analysised the civil liability of certification bodies for general. Mainly from the concept and responsibilities of certification bodies, certification bodies and the civil liability of the meaning and value of certification bodies elaborate bear civil liability basis, and analyzes the current situation of civil liability system certification bodies in China. Answered the question of what is certification bodies and the civil liability of which. And basis of civil liability of certification body. What is the status quo combined with civil liability theories indicate the reason to re-sort the certification body certification bodies based on civil liability. Pave the way for the later to provide legal relationship analysis and civil liability.In the second part, discriminant analysis of civil legal relations between the parties, considering certification bodies undertake certification is the principal contractual obligations, while assuming tort liability to the third person. Analysising of the following aspects of civil liability account certification bodies provide a theoretical basis.Then in the third part, distinguished the civil liability from third party and certification client and expounded. Finally, in the fourth part, on the basis of theoretical analysis of the certification body on the former civil liability, combined with our current implementation of the civil liability system certification bodies, proposing suggestions on legislation aspects. Combined with the implementation of China’s current system of certification bodies in civil liability on the basis of proposals put forward their own legislative and perfecting.The innovation lies in this article is that subdivided the legal relationship of the parties as contractual relationships and trust in the legal relationships. And use it as a starting point, analysising the civil liability of certification bodies. And I believe that this idea can provide a useful reference for solving problems in practice.