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《食品安全法》难以遏制益发严重的食品安全问题,根源在于生产经营者法律责任的规定存在缺陷。《食品安全法》虽然规定了较为完善的行政责任,但受行政机关监管职责不清,部门利益和地方保护主义的影响,难以落实。民事责任的规定则存在主体过窄、赔偿数额低、消费者难以获赔的困境。应从增加责任主体;提高赔偿金额;建立公益诉讼三方面去完善民事责任,遏制失信行为的泛滥。
The “Food Safety Law” is difficult to curb the serious problem of food safety, rooted in the legal obligations of producers and traders flawed. Although the Food Safety Law provides a relatively complete administrative responsibility, it is difficult to carry out the regulatory responsibilities of administrative organs, the interests of departments and local protectionism. The provisions of civil liability there is the subject is too narrow, the amount of compensation is low, difficult for consumers to recover the plight. Should increase the responsibility of the main; increase the amount of compensation; establish public interest litigation to improve the three aspects of civil liability, to curb the proliferation of dishonesty.