Research On Government Liability To Pay Compensation In Major Food Safety Accidents

’People to food safety, food safety is first." Food is an integral part of daily life. In recent years, however, in the field of food safety, the major food safety incidents occur frequently, which is most representative of the "melamine milk powder" incident occurred in2008, its impact is most serious. The major food safety accidents serious injury to the victim’s body health and safety, but also brought panic to the community. Since the accident has already occurred, for the majority of victims, the priority is how to get to the question of compensation. Civil damages because of its inherent defects, the victims often can not hold the actual infringer to civil liability way to get the full amount of the compensation. So this perspective turned to the government, analyze the nature of the major food safety incidents, the government should bear responsibility, and responsibility.In this paper, positivist research methods, mainly from four aspects. First, the current civil compensation in the current situation in China’s major food safety incidents. Mainly from the major food safety incidents caused serious harm to society, as well as civil liability of our current major food safety incidents in less than two were analyzed. Second, define the nature of the acts of the government funded in the major food safety incidents. Summarizes the various viewpoints of academia, government-funded behavior assessment, and I agree with the view that government-funded behavior is a liability, is a Law Responsibility. Third, the significance and necessity of the liable party as a major food safety incidents. Finally, the Government’s commitment to specific legal measures for liability. The constituent elements of the government liable for damages, the right of recourse in scope, amount, procedures and compensation enjoyed. In this study, combined with the case of the "Sanlu milk powder" incident to explore as an analytical, so that the contents of the article is more intuitive and straightforward.The analysis shows that the occurrence of major food safety incidents, victims can not get full compensation from the actual tort liability case, the government in a major food safety accidents, there is responsibility for the regulation of operators of mismanagement. Actual infringer is unable to bear the full liability, the Government should bear the economic law on alternative liability.