The Damages Research Caused By Defects Food

Food to safety first. in recent years, large-scale food safety incidents are malignant defects frequently occur, to the personal and property rights and interests of the victim caused great damage. From eight years ago,"Big head children"to"melamine", From"Sudan"to"Lean meat essence", from the"Waste oil"to"Colored bread", a series of food-induced defects in food safety accidents. the people cast a heavy shade of their heart, apart from bitter experiences , when the victims suffer tremendous physical and psychological trauma to seek damages, they often discovered the hard to protect their interests. Filing of the difficulties, the difficulty of proof, identification of cause and effect, these institutional or technical reasons, have hindered the conduct of fair and just compensation for the victims.This article is divided into four parts, the first part is about"melamine"summary and analysis of the case. First introduced the"case of melamine", the basic facts of the case to be followed by analysis of the main causes of the incident. The second part is the"melamine"and thinking the situation in damages. The Government introduced the first hand by way of executive compensation in the case of uniform, and then analyzes the drawbacks of this approach, the chief of the legal issues resolved, the executive-led form of reparation procedural defect, in essence, not justice is the third part,"melamine"case damages for defective food system a brief introduction of China's current food security situation of frequent accidents and damages inadequate. Second, analysis of defects on the food Elements damages obstacles, defect Food standards gaps, delays and conflicts of such damage is indeed the case as evidence the fact that is difficult to identify, damage, etc. Finally, the complex causal relationship-type damages in a lawsuit and reflection on the one hand the plight of the proceedings with judicial policy. Limit accepted for groups of fewer lawsuits, decomposition case, softening treatment, mainly for the maintenance of a stable political pressure, lack of independence of the judiciary, law is not perfect and other reasons, on the other hand, the system also has a representative action are difficult to overcome defects. Such as the representative action brought harsh conditions, representative methods and entities have a problem with permissions, representative of the litigation activities in the"free rider"serious , appeals, enforcement and obscure procedural requirements. While in judicial practice, courts systems are often split the cases were handled, to avoid public events. For this, I also made recommendations for improvements. The fourth part is defective food damages system. Analysis of defects in the first damages the disadvantages of food, that narrow personal injury compensation, the standard is low, less the amount of, damages system is imperfect, single function, such as damages, and make sound recommendations; followed analysis of food producers in the defect of unknown circumstances, shall be in accordance with the compensation theory of market share; Furthermore proposal clearly state organs and their functioning and delayed in violation of the law when performing their duties for damages; Finally large-scale defects in the case of food damages should be improve the mass action mechanism.