论农产品致人损害的民事责任

农产品致人损害的民事责任是指农产品质量安全不合格导致他人受到损害,生产者、销售者及其他责任人所应当承担的侵权赔偿责任。文章通过对农产品致人损害的民事责任进行初步探讨,界定生产者、销售者、农产品批发市场及农产品质量安全检测机构等责任主体及各主体在责任承担方面的相互关系,明确"严格责任"的归责原则,分析其责任构成要件并进而厘定损害赔偿的四种典型抗辩事项。

The civil liability to the damage caused by agricultural products

The civil liability to the damage caused by the agricultural products refers to the poor quality and safety of agricultural products causing damage,and producers,salesmen and other liabilities being borne by the tort liability.Based on the preliminary study of civil liability for the damage caused by agricultural products,the paper defined the responsibility of producers,salesmen,agricultural products wholesale markets and farm produce quality safety testing organization and their interrelationships in the liability.The "strict liability" was analyzed for its constituent elements and the four typical defense items for damage coverage were described.