Research On Tortious Damages Involving Defective Food

There are many laws and regulations concerning food in China, however most of them areformulated from perspective of Administrative Law but not based on Civil Law. Therefore, aresearch on the tortious damages involving defective food, looking into civil liability of foodproduction operators and compensation for the victim’s loss provides vital implications. Chinain2009issued a "food safety" and then formulated “Tort Liability Law”. As a result, China’slaws and regulations concerning tortious act involving defective foods have been furtherimproved. However, issues related to tortious act involving defective foods repeatedly occurringin recent years disclose the deficiencies in the China’s laws and regulations.The present paper has undertaken an investigation from the perspective of civil liability fortortious act involving defective foods and developed into four parts as bellow: the first chaptermade an analysis regarding basic problems of tort in defective foods including the definitionand types of defective food as well as nature and characteristics of tort in defective food; thesecond chapter presented discussion about doctrine of liability fixation, constitutiverequirements and reasons of counterplea through comparison at home and abroad; the thirdchapter made an analysis of damage compensation system including the system ofcompensation for personal injury, the system of compensation for moral injury and punitivedamages system; the forth chapter offers the evaluation and analysis of civil liability system fortortious act involving defective foods in China. It began with the present legislation situation&its deficiencies and provided some beneficial suggestions so as to improve China‘s civil liabilitysystem for tortious act involving defective foods.In order to perfect our country’s food for my defects tort civil liability system to providetheoretical reference significance. This study has a profound significance as it theoreticallygives a reference for China to improve civil liability system for tortious act involving defectivefoods.