從瑕疵理論看我國凶宅與食品安全衛生問題

Application of Sale Defective Theory in Haunted House and Food

近來臺灣頻頻發生食品安全衛生事件，引起消費者恐慌，也使得行政、立法機關加強食品安全衛生管理。但行政管理的法規和民法買賣契約的物之瑕疵擔保間的關係，值得法界討論。本文即以民法的瑕疵理論為出發，討論如何的食品始構成買賣物之瑕疵，以資和行政管理規範為區別。

Recently, food safety and hygiene incidents have occurred frequently in Taiwan, causing panic among consumers which consequently have led the administrative and legislative authorities to strengthen food safety and hygiene management. In light of these recent incidents, this article argues that the relationship between the administrative regulations and the guarantees of the civil law contract is worthy of more in-depth discussions in the legal field. This article begins by illustrating the theory of the shackles of the civil law and examining how food is thought to constitute the price of the sale and purchase, and the difference between the capital and administrative regulations.