Legal Research On The Damage For Compensation Of Food Safety Infringement

Recently,the damage compensation of food safety infringement has become a focus of all society.Especially,when the Sanlu milk event occurred,the problem of the damage compensation attaches more attention from people.Although the "Food Safety Law" newly had some new stipulations to the civil compensation system of food safety infringement,some provisions are too general and fuzzy,lacking of the reality the feasibility,therefore,we should improve the system of the damage compensation of food safety infringement based on our country's concrete national condition as soon as possible.This article altogether divides into four parts.The first chapter firstly clears the definitions of the food and food safety in law aspect.And then analyzes the factors which harm the food safety.This chapter also clears the definitions of food safety infringement and damage compensation in law aspect,based on these.It also classify the damage and discuss the legal character of damage compensation in law aspect.The second chapter mainly introduced the principle of liability and the subject in food safety infringement,there are three visions in academic circles concerning the principle of liability:the principle of negligent liability,the principle of strict liability, the combination of them.We can arrive at the conclusion that we should apply the strict liability principle to the damage compensation of food safety infringement.it analyzes and clears the subject of compensation which consists of the subject of right and the subject of obligation.The third chapter has discussed the principle of compensation and summarized the principle of comprehensive compensation,the principle of punitive compensation,the principle of civil compensation priority,including the compensation for personal damage,the punitive compensation,it also discuss the ten times of cost punitive compensations which provides in the "Food safety law" and pointes out the technical problem which will possibly meet in the concrete implementation process. The fourth chapter analyzes the current legislation on civil compensation of food safety infringement in our country,and proposes some measures to perfect the legislation.