Study On The Relief System For The Food Defective Infringement

From all over a various of food safety accident recently, we will find a rule，theaccidents are mostly processed by administrative law and criminal law; the contentswhich relates to compensate victims for damage in civil law is less, there are manyproblem such as the feasibility of poor appearance; high cost caused by delayed andso on. Aiming at these problems, I study through of the concept of food by nature,constitutive requirements, and study of imputation principle, draw lessons fromdeveloped countries at the same time processing mechanism for food safety and hopeof our country take advantage of perfect relief system. I want to put forward somebeneficial advice.The first part mainly discuss from the deficient of defective food, elements andthe exemptions about the basic theory of tort.The second part is analyze the theory of civil about the relief of defective foodtort, in order to make clear the food defect tort imputation principle, to guide thedefective food infringement cases, and make clear responsibility subject andresponsibility.The third part study through the defect in the food from developed countries tortrelief system, draw lessons from excellent defective food infringement relief pattern,it is not only limited to the relief afterwards but also extended to the remedy inadvance, to ensure food safety from production to sales to all aspects ofconsumption.The fourth part through the analysis of food safety accidents in our country, thepresent situation of the infringement and the defects of current our country foodmethod, find the current China’s handling of food safety incidents of defects anddeficiencies.The fifth part is in light of the fourth part of at the shortcomings and problem ofin our country, combined with the theory analysis and foreign excellent experienceand defect of food in China tort relief system, put forward the perfect Suggestions, in order to promote the establishment ofChina’s food safety system.