The Infant’s Milk Powder Quality Infringement Responsibility Studies

Mass tort behavior of the infant milk powder special decided their damage, widely influential incubation period, directly uncertain, suffer number of infant and other characteristics, infant milk powder is in addition to the infant’s only other than breast milk food, irreplaceable, its quality is good or bad for infant development and future growth is important, therefore, in the whole dairy products have distinction and special treated the necessary. Relevant departments should make for infants than ordinary milk powder is more strict health and safety and quality standards to meet only children special growth development stage and the construction of national future needs.The article will put the infant milk powder out of ordinary milk powder and the food independently, specially to studied, analysis infant milk powder produced the social basis of dairy products to foreign legislation survey analysis, combining the domestic reality infant milk powder, puts forward the infant milk powder tort liability principles that strict liability principle and have their particularity. Infant milk powder infringement for the components of the defect of milk powder, personal or property damage, and through by major premise-minor premise-conclusion to demonstrate the defect and damage to the fact that milk powder the causal relationships. According to the mental damage compensation, this paper will compensate for the scope to expand the infant parents and have the obligation to support and close relatives of the, this helps to reduce the pressure of close relatives and pain, and conform to social fair idea. For infant milk powder the right infringement responsibility and make an analysis from bear, especially for milk farming and whether the government as the main body of the tort liability to concrete, this paper elaborates that victims can get timely assistance infant, a better protection of the infant’s legitimate rights and interests, the milk farming in its fault range to take responsibility and the government as a citizen’s umbrella, also have the obligation to maintain social stability, realize the fair justice, promote economic development work, bear and didn’t fulfill the obligations of the corresponding supervision actively additional liability and use state security system on the victim for social compensation infant, and further perfect our country mass tort law system. Finally the paper consumer rights and perfect the legal system puts forward. Suggestions in infant milk powder in mass tort shall join the punitive compensation system, enhance the illegal cost prevention and afterwards do relief, not only the combination of punishment for illegal producers, but also more important the purpose is to make its standard production, legitimate business, to enhance the social sense of responsibility. Using the market share theory of liability for damages to share. to suffer infant receive timely assistance. Establish infant milk powder recall system. found that the problem take timely measures to prevent further loss. Establish industry compulsory insurance and compensation fund, construct with the right infringement law relief foundation, social relief mechanism are diversified compensation for damage relief system, to the victim diversify relief compensation, and finally achieve substantial justice.