The Completion Of The Civil Compensation Liability System On China’s Food Safety

The Food Safety Law of the People’s Republic of China was passed by the National People’s Congress Standing Committee Meeting on February28,2009and took effect on June1,2009.(after referred to as Food Safety Law). The new law improves the food safety supervision work regularly, scientifically and effectively and enhances the food safety integrity level. It also ensures the people’s health and life safety and promotes national economy and the social harmony. It is significant to prevent food safety accidents.But in fact, the Food Safety Law has been implemented for nearly three years. China’s food safety condition is not satisfactory. Especially when the food safety accident happens the victims still are difficult to get compensation and assistance. Such as the drainage oil, fake eggs, poison cowpea. Shuanghui’s clenbuterol, dyeing steamed bread, students milk poisoning in Yulin, Shanxi, but the victims don’t get enough compensation. Food safety problems continue to highlight, civil compensation liability problem is still an unavoidable issue. So it is very important to complete the civil compensation liability system on China’s food safety. On the current food safety situation, this paper analyzes the legal system of handling civil compensation liability and puts forward the suggestion of completing the civil compensation liability system. The paper divides into four parts.The first part of this paper discusses the concept, current situation and problems of food safety and analyzes the cause of food safety accidents frequency, which leads to the necessity to complete the food safety civil damages liability system. The second part compares the difference between default and infringement on food safety accidents, then we get the conclusion that the consumers institute infringement proceedings is better than default proceedings. The third part analyzes the civil compensation law and existing problems of food safety, and focuses on analyzing the infringement damages system, civil compensation priority principle and punitive damages system. The fourth part puts forward the suggestion to complete the food safety civil compensation liability system, focusing on the infringement damages system, civil compensation priority principle and punitive damages system. This is in order to protect the rights of consumers in China better.