The Research On Food Security For Civil Responsibility

The food security problem is becoming more and more dominant in today's world. In ensuring the food supply efficiently, to guarantee the food security had become the new challenge we faced. We are facing the grim reality of the deteriorating of food security situation. How to be held responsible for food safety incidents of civil liability and compensation for loss of the victims is an urgent issue to solve. So, the research on civil liability regime for food security has important theoretical value and practical significance.China's "Food Safety Law" Article 99 provides that food security means food non-toxic,harmless, should be consistent with human health in some nutritional requirements. And does not cause any acute, sub acute or chronic hazards which will have serious impact on people's life quality and security. In recent years, china's food security accidents frequently happened.Following Sudan Hong,Golden Apple Snail,Clenbuterol and other important food security accidents, the sale milk powder tainted with melamine accident which shocked the whole china in 2008 had given us a wake-up call again.For above regards, China's relevant administrative laws and regulations have played certain supervising role in means of burden the administrative responsibilities such as Ordering the cessation of the breach, warning, fines, confiscation of illegal income, a suspension of health permits, business licenses,administrative detention and so on .however, there still exit the issues of the lightness of punishment,Non-uniform quality standards and the imperfect of relevant security system. Criminal law relevant food safety-related charges includes some crimes of dereliction of duty such as producing,selling the shoddy products,the non-meeting healthy standards products and hazardous food.Civil liability for food safety is a special kind of product liability. Product liability principles of attribution have undergone the development process from contractual liability experience to the Tort Liability, from the general tort-fault liability or responsibility to the development of strict liability. Contract-based product liability based on the UK in 1842 the "White cross v. Wright case", pursued for nearly a century. In the United Kingdom and the United States. The economic development makes the relation of production and consumption more complicated. The 1916 "McPherson v. Buick Motor Company" case make the gradual establishment of the principle of fault liability; also make the product responsibility belong to the scope of tort. Subsequently, in the background of increasingly prominent of tort remedies functions. The composition of civil liability for food safety need three factors such as Food deficiencies, defects of the damage caused and the casual relationship between them. China's product liability law, including the defense of the subject product is not put into circulation, the flow of product defect caused the damage does not yet exist, and cannot be found the existence of defects while putting into circulation at the temporal technology and so on. For the Specificity of civil liability for food security, we can also consider the defense factors such as the fault of the consumers to share, non-normal use of products and their special sensitivity.In the compensation system of civil liability for food security, the property damage are usually less, can be carried out in accordance with the principles of contract law claims. General product liability relating to personal injury compensation for moral damage compensation and the provisions can be applied to civil liability for food safety. Every country has relative mature requirements. System of punitive damages can only be applicable to the general law expressly provides for the specific violations. China's "Food Safety Law" makes a clear requirement to System of punitive damages. Consumers have the rights to ask for the-times of the paid money to the producers or sellers while meeting the insecurity food.Implementing the punitive damages system in the field of food safety, can compensate Victim's loss of food safety, and motivate consumers to safeguard their lawful rights and interests. This can also play a deterrent role in Violations of food security and prevent the occurrence of violations of food insecurity effectively.Improving China's food security system for civil Liability. We need make efforts from aspects of the principal of responsibility and the system of compensation. China's "General Principles of Civil Law" and "Product Quality Law" is subject to a different principle for producers and sellers of liability. Civil liability for food security should apply equally to the principle of strict liability for both producers and sellers.In the compensation system of food security for civil liability, we should expand the scope of personal injury compensation, loose the restriction to the people who suffer spirit damage and improve the implementation details of Punitive damages. For example, based on the "ten times" penalty compensation, add a minimum limit increase; Guard against malicious lawsuit to obtain improper benefits, make the compensation function of penalty system and its deterrence function role get full play.The establishment of system of food security for civil Liability is related to the people lives healthy, our court's stability and development. We should improve the relative civil law system and ensure the food security from the attitude of prudent and pragmatically.