Research On Consumers' Civil Rights Protection In Food Safety Area

This paper carries out an overall and thoroughly research in the field of civil rights in food safety area by means of empirical analysis, comparative law analysis and case analysis. The protection of consumers' civil rights in food safety area involves civil law, administrative law, criminal law and other related legal departments. If we carry out research from the sole perspective of civil law, although beneficial, it would inevitably be isolated. This paper, however, would take the protection of consumers' rights in food safety area as a whole system. It aims to have a legal analysis of protection of consumers' civil rights based mainly on "Food Safety Law", as well as "Civil Law", "Consumer Protection Law", "Criminal Law", "Food Safety Law" in order to achieve a comprehensive study and the construction of a protection system of consumers' rights. Through this combination of public and private law, it is committed to fulfill protection of consumers' rights in the field of food safety.In addition to the introduction and conclusion part, this paper is divided into six chapters. The first chapter is an overview of food safety, which discusses important concepts such as "food', "food safety", "consumer" and other related ones, during which reflects the special and unique significance of consumers' civil right protection in food safety area. Chapter two is an introduction of the legal system of protection of civil rights in the field of food safety. Chapter three is about related system of consumer protection in food safety area in China, which could be divided into pre-protection, protection and protection afterwards. Chapter three also attaches great importance to the introduction of three new systems, namely punitive damages in food safety area, the new food safety regulatory system and the priority principle for civil compensation. Chapter four introduces legal system of civil rights' protection in food safety area of western counties, mainly the advanced legal principles and experiences of United States and European Union. Chapter five is about problems existing in China's food safety consumer protection, including defects in legislation, law enforcement, and civil rights remedy. In chapter six this paper gives suggestion respectively concerning pre-protection, protection, and protection afterwards in the process of protection of consumers' civil rights.