Study On The Tort Compensation In The Field Of Food Safety

With the rapid development of the food industry, a major food infringement cases have occurred in the environment of sales market, and the consequences of hazards food infringement become more serious. It is not only harmful for the victim’s legitimate rights and interests, but also causes irreparable damages to the interests of the whole society of food safety. How to give the victims reasonable and full compensation, and how to make our harmonious society more stable is the vital social problem to be solved. Compensation system is the key to improve Chinese food tort according to the specific conditions in China.The accurate definition of food infringement is the premise to improve the compensation system of food tort. This thesis mainly analyses the related concepts and characteristics about food tort. To learn all aspects of food infringement is the only way to the establishment of a perfect food tort damages system. Because of the particularity of food tort, first definite the special tort and analyze the related concept and the particularity and then according to the difference between the three doctrines of academic circles about the imputation principles,namely the fault principle, no fault principle, the principle of strict liability and double imputation principle. By analyzing the cases, the principle of no fault should be applied in food infringement compensation. Then oppose the subject of the food tort and the illegal act and make the causation analysis. It is necessary to make the second discusses of the principle of compensation liability of tort of the food, and food infringement damages punitive compensation and liability insurance. Finally, according to the specific conditions in China, put forward the legislative suggestion of the construction of food tort damages in the punitive compensation and liability insurance claim construction mode.