Blemish Of The Our Country Food Tort Relief System Research

In recent years, with the development of economy and the progress of science andtechnology, defective food violations emerge in an endless stream. National food safetyproblem seriously highly, aiming at the defects of food violations growing situation, the newissued a series of laws, such as the June1,2009implementation of " food safety law of PRC "and the July1,2010implementation of " the people’s Republic of China invadedresponsibility law ". But the new law on tort, defective food provided little and too general,the lack of protection of legitimate rights and interests of the people and realistic significance.For example," tort liability law ", but from the food concept--" product ", to define theproduct tort liability issues;" food safety law " although it is around the " food safety " laws,but for the defective food concept, defective food infringement defined relevant provisions arenot, and on tort relief system of defective food after only general provisions the liabilityprinciple and the system of punitive damages, and the provisions on the full protection of theinterests of consumers still has some defects. Therefore, to establish and perfect the defectivefood tort relief system of social stability, economic development has real sense. This paper isdivided into four parts:The first part from the theoretical analysis of China’s defective food tort relief systemDefine defects in food and relief and other important concepts, analysis of defective foodcharacter of tort, imputation principle and elements, for the study of defects in foodinfringement relief system to lay a good foundation.The second part describes the blemish of our country food tort relief system in thepresent situation. Analysis of China’s food related tort laws and regulations, points out ourcountry food tort relief system defect.The third part discusses the defective food Infringement Remedy System of the statusquo, with the status of our country’s comparative, find out the advantage of foreign system, toperfect the related laws and regulations of China reasonable suggestions.In the fourth part, blemish of the our country food tort relief system defects, from theestablishment of defective food tort relief principle and perfect defect food tort relief systemtwo respects put forward to perfect the proposal.