A Study On Public Interest Litigation For Food Safety In China

Different from other types of public interest litigation, public interest litigation for food safety refers to legal actions brought in People’s Court in case of civil right to safe food being violated. As a new type of litigation distinguished from three existing litigation modes, public interest litigation for food safety not only provides the public with the highest protection for civil right to safe food, but also strengthens the supervision and restriction in the fields of food production, processing, logistics, marketing, etc. At present, it is feasible in China to build a public interest litigation system for food safety. Through the introduction to public interest litigation for food safety and the comparison of sound food security systems in foreign countries, this thesis presents the positive social value of public interest litigation for food safety from four aspects:strengthening the protection of human rights, ensuring juridical justice, improving litigation efficiency and consolidating social stability. The thesis specifically analyzes the theoretical foundation of establishing a public interest litigation system for food safety in China from four aspects on law and philosophy, i.e. the development of the litigious right theory, the theory of people’s sovereignty, the theory of power check, and the innovation of litigant theory that breaks through the traditional litigation mode. Backed by a thorough analysis of China’s current situation of public interest litigation for food safety, the thesis proposes a profile of the public interest litigation system for food safety in two respects, basic principles and specific rules.Part one outlines public interest litigation for food safety. Through the view of history of public interest litigation, the existence and importance of public interest litigation system is positively evaluated. The thesis elaborates the concept, characteristics and functions of public interest litigation for food safety, and comparatively reviews the food security systems at home and abroad. The analysis and comparison involving food safety legislation practices and accident solutions in America, Japan and Australia not only sets examples for China to deal with food safety events, but also provides beneficial reference for the construction of China’s public interest litigation system for food safety.Part two presents the value of public interest litigation for food safety. The social value of public interest litigation for food safety not only includes the protection of civil right to safe food and the punishment to enterprises and individuals violating the law, but also brings deep and significant social influence. The chapter discusses the social value of public interest litigation for food safety in four different ways, strengthening the protection of human rights, ensuring juridical justice, improving litigation efficiency and consolidating social stability.Part three analyzes the theoretical foundation of establishing a public interest litigation system for food safety in China. Public interest litigation for food safety is different from any traditional litigation mode, and to build such a breakthrough litigation system needs the support of theories. The chapter details these theories from four aspects on law and philosophy, i.e. the innovation of litigant theory, the development of the litigious right theory, the theory of people’s sovereignty and the theory of power check.Part four proposes a profile of China’s public interest litigation for food safety. As a new type of litigation system, the establishment of public interest litigation for food safety mainly involves the following principles:protection of public interest, participation of the nation and social organizations, and comprehensive legal liability as well as some specific rules.