Study Of Defects In Food Tort Relief

Following the Sudan incident, the tort of defective food was brought to the public attention once more in the Sanlu milk powder case. The serious consequences of the case contributed directly to the enactment of "The People's Republic of China Food Safety Law" and the "People's Republic of Tort Liability Act" later on, which made the deficiencies of defective food laws and regulations further remedied. However, compared with other countries, the status quo of legislation in our country is more deficient. This paper will study the legal remedy of the tort of defective food, by the analysis of the existing defective food laws, comparing with foreign successful experience, and making reasonable suggestions.The first section will describe the status of the deficiencies of food tort relief. With Sanlu milk powder case as an example, the paper will discover the problem by analyzing the relief of the victim and the offender, and generalize a conclusion of our deficiency.The second part will identify the conception of tort of defective food, by identifying the component, the character, and the sort of tort of defective food.The third part will discuss the doctrine of liability fixation, by a historic review on tort of defective food, and comparing the doctrine of liability fixation of different genealogies of law. Then this paper will comment on different viewpoints in our country and give opinions.The fourth part discuss on the relief of tort of defective food, by identifying the principles of tort relief of defective food, and relatively complementing various relief mechanisms under the guidance of the principles of relief, in order to obtain better relief effect, balance between consumers and producers, and interests of sales, to achieve the real social fairness and justice.