On Consummating The Compensation System Upon Food Safety Accident

Due to the more frequent exposures of food safety issues in the media, Food Safety gradually becomes a core topic and is now highly focused by citizens. Being as a typical condition of mass tort, such food safety accidents bring seriously negative impact to the society in one hand, and in other hand, there are still plenty of victims (include the already known and potential) cannot acquire its deserved reasonable compensation. For the purpose of consummating the compensation system on food safety accident, through the analysis and discussion on current China's food safety status, its feature, cause of occurrence, existing relevant legislation of food safety compensation system, its evolution and legal theory, and comparing with other territories'present legislation on food or medicament safety accident compensation system as well certain domestic research opinions, the paper intends to, base on present compensation system, reflect about the necessity, feasibility and legal theory to set up a proposal to supplement current system, which is the Industrial Loan Society of Food Safety and Supplemental Liability of the Country.Besides the preface and conclusion, the paper has three chapters: Chapter one: the overview of the current compensation system upon food safety. It mainly introduces the current status of food safety management, and summarizes the feature of past food safety accidents, current status of China's food safety compensation system as well its evolution and legal theory, especially evaluates the position and responsibilities of government, furthermore it points out such deficiencies which cause the victims cannot be timely rectified and materially compensated..Chapter two: researching and comparing of foreign system upon food or medicament safety compensation. It introduces some foreign cases and legislations on food or medicament safety compensation. It also analyzes the foreign practice of positive protection on consumers and"accountability by tort subject associated with funds and government negative shoulder", which is also worth for China to transplant.Chapter three: discussions on consummating the current food safety compensation system. This part first introduces, analyzes and evaluates certain domestic opinions on consummating the food safety compensation system, and further proves that besides present administrative and judicial manner, we need more innovation on the current legal system so as to warrant victims be timely rectified and materially compensated. Then it makes an overview and particular introduction of Industrial loan society system, and analyzes its feasibilities and provides a necessary rules design for realizing its operation. Furthermore this part also, through introduction of the concept of Supplemental liability of Country Safeguard and analysis on its necessity and feasibility, raises the point and further proves to set up a new combined system, which is the Industrial Loan Society of Food Safety and Supplemental Liability of the country.