Study On The Food Safety System Of The Compensatory Damages In China

Cases of food safety damage, the injured consumer in terms of damage suffered property loss, or subjected to physical health, are entitled to seek compensation to the court, the right to relief."Damages" includes both the damage caused by the compensation, and compensation for the follow-up costs because of the damaging event. People according to their actual damage and unsafe food will inevitably lead to other adverse consequences, presented to the court claim. In the developed market economy countries, food safety damage is a punitive damages, which used to severely punish illegal producers and operators, meaning the lawful rights and interests of the protection of consumers, to create a favorable market and economic environment and maintain security of the society plays an important role in an orderly manner. It is perfect to Western countries on food safety,damage compensation provisions of related legislation for this requirement, but only in recent years to be finalized, while there are still some shortcomings. Therefore, our current task is identify existing problems in the legislation of food safety damages system, and to find solutions of these problems countermeasures.The paper first give the food safety damage compensation for a legal concept, while is the legal definition of "food safety" damages. Then, according to the related ordinance on food safety punitive damage compensation for civil liability to establish priorities and new compensation system, which is "ten times compensation "system,on the damages concepts and features discussed below, leads to the value of legal damages. Subsequently, the author adopted the2009implementation of the "People’s Republic of China Food Safety Law," Article96and Article97of the research and analysis to identify China’s food safety damages system of the main problems in the application of these issues, including the provisions of the relevant concepts are too general and vague, the operability of the lack of realistic adverse judicial procedures to victims. Damage to the system of compensation legislation the main problems for China’s food safety, about the food safety standards and the inversion of the burden of proof, the author put forward a number of sound recommendations.