The Study On Food Security For Civil Responsibility System

The Chinese food-safety law was reenacted in 2009, including the punitive-damages rule of doing false a compensate 10 and the rule of the priority of civil compensation. However, the legislation idea of attaching importance to administrative rather than civil affairs was not changed completely. The rules related to civil liability are too brief and judicial operation is not perfect. On one hand, consumers find it difficult to seek for civil remedy, so civil compensation cannot be protected because of rights conflicts. On the other hand, the lacks of primary agricultural product, food certification testing organizations and state regulators make some shadow area of laws and regulations in juridical practice. It is not beneficial for punishing illegal acts of food safety. Therefore, further study and proper solution are needed. In this paper, through the introduction of the food safety of countries and regions outside the civil law system, in-depth analysis of the current food security civil legislation defects and deficiencies, to further perfect our country civil law related to food safety system is put forward reasonable suggestions.First of all, based on the definition of food range, the producer of food source should take major responsibility. Secondly, since food production operators are all over the country, food-safety incidents cannot be avoided or cut down by relying on regulators. Thus, it is necessary to increase joint liability of main market players. On one hand, once the joint liability of related interests subjects is established(e.g. quality assessment and authentication organizations and supervision organizations), consumers may not get a failure of claim because of bankruptcy of enterprise. Then costs of protecting own interests can be lowered. On the other hand, joint liability can simulate related subjects of responsibility, making them hold responsibilities and obligations objectively. Also, in order to change the situation of high costs of consumer rights protection, principle of conversion of burden of proof for food-safety law should be clearly put forward. That is to say, production operators provide evidence of non-food-safety problem about their own food and they should take on any outcomes if they cannot fulfill well proof of their duties. Punitive damages should be based on actual damages of victims. The minimum compensation lawsuit system should be established to lower civil procedure costs of victims.Finally, even if personal creditor’s rights and property creditor’s rights belong to law of obligation, compensation for personal injury should get the priority when food production operators pay off debts on the basis of the idea of personal right is above property rights. Besides, in terms of large-scale food-safety incidents, dereliction of duty of governmental regulatory agencies causes a loss to victims indirectly. In the theory of fairness and justice of law, it is inappropriate to make the government claims which are at fault prior to personal claims. In the perspective of protecting personal claims, after asset freeze when bankruptcy, the personal claims of consumers should be compensated first and then tax revenue and criminal penalties should be enforced.