Food Poisoning Of Tort Liability For Damage

With China's continuous rapid economic development, people's material and cultural standard of living is also rising, people are asked to eat not only food, but also require to eat healthy and safe food. Food poisoning is a serious food safety violations, the perpetrators of food poisoning not only should be investigated for administrative responsibility, or even criminal, civil compensation should be also held responsible and timely compensation for victims of food poisoning and comfort, to protect social stability and justice.In our current legislation, although the problem of food poisoning have tort damages for a number of provisions, but is not systematic and complete lack of maneuverability. Therefore, we need tort damages for food poisoning to further sort out issues and considerations to further improve the relevant legislation. This article is divided into four sections for discussion.The first chapter on the concept of food poisoning incidents, characteristics and classification to define in detail and analysis. Then the food poisoning infringement, damages, tort damages were discussed concepts and analysis.The second chapter discusses the subject and principles in tort damages of food poisoning . First, the subject of rights infringement incidents of food poisoning and obligations of a defined subject, and discussed the scope of their own; second, introduced the scholars on the food poisoning can be applied to damages tort principles, namely the principle of full compensation, punitive principle of compensation, civil compensation first principles.ChapterIII talks over the esponsibility Principles and scope of the food poisoning compensation for tort damages. First introduced three scholars on the responsibility principle of damages doctrine, that the principle of fault liability, strict liability, fault liability and strict liability, said dual responsibility, found by analyzing selected incidents of food poisoning attributable to the principles of tort damages; followed , combined with the existing legislation on food poisoning range of tort damages, are discussed. Finally, negates tort liability of food poisoning were the subject of consideration and comb.Chapter IV of the foreign example has combed the relevant legislation and comment on legislation to provide for our reference.Chapter V first infringement of civil liability of food poisoning on the current legislation introduced and combing, and puts forward in the last corresponding to revise and improve the proposal.