Research On Compensation Of Defective Food Damages

With incidents related to food safety increasing, the general concern from the public about this issue also continues to heat up. Whether it is from a personal level, or from the social level, these food safety incidents have had immeasurable and negative impacts. After the accident happened, how to let the victim to be compensated becomes very important. In order to study this problem, in this paper, we start from food safety-related theory, analysis of problems in the compensation system of China’s food safety, and then put forward specific recommendations for improving the system.Besides the preface and conclusion, the paper has four chapters:The first chapter is an overview of China’s food tort damages. I introduce the concept, summarize the characteristics of the food Infringement and then analyze the composition of food tort liability.The second chapter is food tort damages mechanism. In this section, i analyze the subject and object of this legal relationship, and then analyze the principles of the mechanisms involved, in which the principles of punitive damages had been detailed introduced.The third chapter is the evaluation of food safety Infringement compensation system. After the introduces about the theory and related provisions before, combined with the specific reality, I review of this system one by one from responsibility principle, the burden of proof, the scope of compensation, punitive damages and the implementation of all aspects of obstacles.The fourth chapter is to improve the system made recommendations accordingly. I make suggests corresponding with the earlier problems in order to be more targeted. In addition, this section also proposed to improve the social assistance system of the recommendations from both liability insurance and compensation funds.