Study On Diversified Relief Mechanism Of Large - Scale Infringement Of Food In China

Large-scale tortious events about foodstuff are greatly paid attention to because of the characteristics that they involve many victims, serious effect and have a certain incubation period. Traditional civil tort litigation in such large mass tort cases appear "puff’,the victim’s loss is difficult to fully compensate, representative lawsuit system is too rigid in practice and the victim in the litigation of burden of proof of burden to work well; Liability insurance system and fund system development in our country is still imperfect, imperfect management system; As the special subject, the government has the responsibility to maintain the stability of the social fair, But too much intervention in the field of civil tort disputes, will cause the vacancy of judicial power. Many countries at abroad have actively explored diversified relief mechanism to deal with this kind of large-scale infringement damage relief problems, such as group litigation and potential damage medical examination system in America, insurance fund in England and the system of selected the party in Japan.We can draw lessons from foreign advanced experience, but also can’t slavishly, With the reality of our country, on the basis of draw lessons from foreign advanced experience to explore our country food mass tort damage relief way is the key of the research. Civil relief, social relief and administrative relief have had positive effect on resolving the dispute, maintaining the rights and interests of victims, but the design of the system itself also has its not detailed, their application in the practice has limitations, so to explore effective combination of this three systems and seamless join is the final goal.