Study On The Civil Liability System Of Food Safety In China

With the development of economy, people’s living standards improve and foodsafety issues emerge in an endless stream. Whether or not the safety of food availablesupply can be ensured is a new challenge we are faced with. At present, the food safetysituation in our country becomes increasingly serious; so far dozens of laws andregulations relating to food safety have been enacted, but most of them pay more attentionto the regulation of food safety issues from the perspective of administrative law and lessattention to the civil relief. Therefore, in food safety events how to investigate the civilresponsibility, compensation of victims, cogent safeguard consumer civil rights are theproblems that need to be solved urgently at present. In this paper, the research on the civilliability system of food safety is of great theoretical value and realistic significance.After years of development, the developed countries has established, in food safetylegislation and system construction, relatively mature legal systems and principles, inwhich the construction of legal liability system of food safety is especially perfect. TheEuropean Union and the United States have incorporated the risk precautionary principle,inversion of onus probandi, compensation for mental damages and rules for theimplementation of punitive damages into food safety guarantee system. In our country,only relying on a Food Security Law of the People’s Republic of China is not enough tosolve all the food safety issues in China. At present, in the judicial practice of China’s foodsafety issues there are some problems: the civil responsibility of maneuverability is notstrong, civil compensation system is not perfect, and there are defects in the civil disputesolution mechanism.This paper mainly used the following research methods: theoretical practice,comparative analysis. We should take China’s national conditions into account and drawlessons from foreign mature legal system, to further improve China’s food security civillegal system and avoid the governance mode such as administration punishment as themain method and repeated short-term purification of market; so that the victims can getmaximum treatment and compensation, and we can strengthen the civil law on food safety regulation, enhance the protection of food safety from a long-term perspective in order toconstruct the long-term legal mechanisms for China’s management of food safety.