The Study Of Compensation Fund Legal System In Food Safety

The researched object of this thesis focus on compensation fund about food safety accidents, and to explore how to protect the right of the victim's claims on large-scale food safety incidents. Speaking from the incident of Sanlu milk powder, which the Government as a public emergency to intervent and treatment. What the biggest highlight of the 22 enterprises are to establish a medical compensation fund, and commissioned a professional insurance company claims, facing such large-scale food safety accidents, the way of diversification is the development trend, moreover to set up food safety accidents have inherent meaning. Particularly speaking:food safety violation is of the specific characteristics, and there is flaw on the existing civil law protection system, the performance claims for food safety is not priority in bankruptcy, insolvency claim from the victim after the dissolution of frustration; civil proceedings to protect the large-scale food accidents also show a defect of the design, although the fairness of the procedures, there will be no justice. Facing such large-scale food safety incidents, we should break the original concept of tort law and requires state intervention.The accident compensation fund of food safety have influence on the traditional tort law, the maximum impact is damages socialization. in individual tort liability company can not afford and not to pay the loss to victims in time, which will affect social stability and harmony, while intervention by the state in advance to set up a "big pond" and will distribute the loss to society. Compensation Fund, which made the manage thought of social fund system to the operating philosophy of compensation system,it has four features:independent of the estate, compensatory, indirect reciprocity, non-investment means of protection. Reflects the value of economic law:real justice, social, economic freedom and economic order and harmony.The mode Construction about the Compensation fund of food safety accidents have governmental funds and trust funds, in terms of both accountability and victims from the right to claim, the trust fund is more suitable for the needs compensation fund of food safety accident. Sources of funding from the Compensation Fund, be liable for compensation, compensation scope of the specific system design. After compensation fund, you can exercise subrogation claim thorugh explse the principle of piercing the corporate veil Fund management company, as the cause of the legal states was divided into legal person, consulting the usual pattern of corporate governance institutions, which is set up there levels of organizations:as a fund management committee which representative of the investor's, implementation of the Department is responsible for daily management decisions and the investor And Supervision Departmend to supervise the fund management activities, on the Fund of Supervision, we should also establish an external monitoring mechanism.