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产品营销参与者责任是与产品分销参与者责任平行的责任体系,在我国侵权法上包括产品质量担保者责任、交易平台提供者责任和虚假广告责任三大类型。《食品药品纠纷司法解释》没有明确缺陷产品营销参与者责任的体系定位,这存在遗憾。产品质量担保者责任和虚假广告责任针对的缺陷类型是普遍性缺陷,交易平台提供者责任所针对的缺陷类型是个体性缺陷。基于公共利益的考虑,缺陷食品、药品营销参与者责任的加重性主要体现在两个方面:第一,本应适用补充责任的情形被强化为了不真正连带责任;第二,对于承担连带责任的主观要求从“明知”扩展到了“应知”。这种加重性具有限制性。
The responsibility of product marketing participant is the responsibility system which is parallel to the responsibility of product distribution participants. In our tort law, it includes the responsibility of product quality guarantor, the responsibility of trading platform provider and the responsibility of false advertisement. “Judicial Interpretation of Food and Drug Disputes” is not regrettable because there is no systematic definition of the responsibility of product marketing participants in a clear defect. The types of defects targeted by product quality guarantor liability and false advertising responsibility are generalized defects and the type of defect targeted by the provider of the trading platform is an individual defect. Based on the consideration of the public interest, the aggravating liability of defective food and drug marketing participants is mainly manifested in two aspects. First, the situation that should be applied to supplement liability is strengthened to not really joint and several liability. Second, Subjective requirements from “knowing ” extended to “should know ”. This aggravating is restrictive.