| Along with the course of the well-off society, our country has guaranteed the sufficient food supply, after realizing the basic living, people need food for nutrition, health and safety. But recently, the food security incident often occurs, Sudan Red, Clenbuterol, Melamine and many other major food safety incidents have made the food tort problem to the outlet wave. Nowadays, food safety has become one most widely focus of attention. Frequent food tort also give people the caution of coldness:food safety problems, the situation is more and more serious and the task of guaranteeing food security is rather urgent, to ensure sufficient food supply, our country must ensure the safety of the food quality. When people appeal for food security, food tort in May2011Taiwan "Plasticizer storm" happened, food safety problem is come up again. Dissolving the food security crisis, it not only needs perfect food safety prevention system, but also needs to set up effective recovery mechanism of food safety for the victims in time, full compensation.Facing the serious food tort cases, investigating and affixing the civil liability, compensating for the loss of the victims is the most seriously to be solved. This paper is to find out the internal legal issues of tort liability for damages of food, appealing for a perfect food safety civil liability system. With the recovery system, victims can get reasonable, effective relief in order to protect their lawful rights. This paper will be divided into four parts:The first part, Taiwan "Plasticizer storm" has caused food safety crisis. Then the paper introduces what is plasticizer, uses and the damages of used as a food additive. Analyzing of the legal essence of the event, influence, drawing out the essence of food safety responsibility, it is a kind of food tort liability.The second part, the "Plasticizer storm" legal analysis contact to mass torts, combined with the analysis of the mass torts law responsibility. Its basic designed for general tort liability, illegal behavior, damages, causality and subjective fault. And then it emphatically analyzes mass tort laws particularity in food tort cases.The third part, it study the food tort liability for damages and compensation mechanism, and then discuss the relevant international legislation of liability for damages and compensation principles. It includes the actual damage compensation principle, punitive damages, improving victim protection principle of interests. Contact our country law practice on food tort liability for damages system, and introduce in liability share market share responsibility theory. The market share of the responsibility confirmed the main responsibility in proportion to the size of shares.The fourth part, in order to perfect our food tort liability for damages system, ensuring the principle in recovery under the guidance of various relief mechanisms will complement. For punitive damages, in the tort law and other applicable laws, it propose my own point, appeal for food safety accident compensation fund system, introduce the fund system subrogation, give full rights to the representative lawsuit system, etc.Food safety means the people lives healthy and safe, in further means harmonious relationship with national stability and development. Solving the food safety problems, we should take more careful, pragmatic and responsible attitude. On the one hand, to perfect the relevant food prevent monitoring mechanism, ensuring the safety of the food major premise; on the other hand, to gradually improve food tort liability for damages system, through the reasonable recovery system of the effective relief, and fully to guarantee the right and interests of the victims. |
