The Research To The Civil Liability Of Food Certificate Institution

In recent years, food safety accidents happened a lot and raised concerns from all over the world. It is believed that this phenomenon is tightly related to our food industry status and therefore challenges the supervision of this industry. The food certificate institution is an important part of the supervision since the certificate can ensure the safety of food from the origin, improve the quality of the product and protect the customer's health. The certificate institution, as a professional, neutral third-party institution, plays an important role in the supervision process. However, our litigations in this part are mostly from the administrative and criminal point and deficient in civil liability, while the certificate institutions are increasingly growing and dealing with more civil actions. It does no good neither to the development of this field nor to the protection of customer's interest. Therefore, we need to construct and improve the civil litigation in this area.This paper will mainly talk about the civil liability litigation of food certificate institution, start from the reality, make suggestions through the analysis of liability for breach a contract and tort liability of food certificate institution.There are three parts, about thirty thousand words and here is the structure of the paper:In the first part, the paper talks about the features of general certificate institution and basic information of food certificate institution, including the concept, the classifications, and the features.In the second part, the paper mainly answers why the food certificate institution should have civil liability. We first talks about the dispute of this topic in the academic field and then introduce the main problem of it. Then we discuss the rationale of it using the theory of general civil liability.In the last part, the paper mainly answers what kind of liability the food certificate institution should have and how to improve the litigation on this area. To answer the first question, we analyze from liability of breach a contract and liability of tort, including the concept, feature and doctrine of liability fixation. Then we talk about the theoretic basis, the doctrine of liability fixation and component of liability for food certificate institution. The paper then talks about the problem of litigation and make suggestions according to the research.