On The Civil Liability Of Food Safety

Security is an important livelihood issues. According to the report “global food security index”, issued by Economist Intelligence Unit(EIU) in 2013, China ranked42 nd in the list of 107 countries in the food security status. Although fall behind when compared with the 38 th in 2012, Chinese security doing well. Improve the security system is greatly important. Among the security accident, the civil legal relationship is the most closely to the consumers interests. Therefore, research on civil liability and victim relief ways in security case is urgently in reality.This paper including four parts:The first part is about the related theory of civil liability in security. That is,definition, characteristics, principles of imputation and defenses of civil liability.Besides, some related concepts were differentiated, which show the superiority of civil liability in solving the problem of security.The second part is the comparison and reference on civil liability in foreign security. In order to reference scientifically and improve the civil liability in security in China, we compared the civil legislation of security in the EU, USA, Japan and South Korea.The third part mainly analyzed the existed problems in legal system of China’s security. Questions such as not unified civil liability in security, conflicts in relevant laws on imputation principle in food tort, ambiguous civil liability exemption matter in security, fuzzy legal liability in concurrent liability, inadequate civil compensation system in food security, irregular spiritual damages compensation system, narrow scope of claims subject, lack of maneuverability in the punitive compensation system,difficult in consumer proof and high burden for consumer litigation cost, deficiency in complementary laws and regulations system in food security law, fuzzy compensation responsibility in detection organization and lag detection standards,and short of food accidents mandatory risk management mechanism etc. were discussed from view of imputation principle, compensation system and right relief.The fourth part is advices for improving legal system of civil liability in food security. Begin with four aspects of improvement of imputation principle and civil compensation system of civil liability of food security, establishment of consumers’ rights integrity and strengthening security laws and regulations development, this paper defined no fault liability principle of food infringement, clarified the compensation responsibility of food inspection institution, expanded compensation scope for personal injury in food tort case, reduced restriction of the rights of compensation for mental damage, established joint liability system in food tort and unified food security information release system, tried out the evidence rules of burden proof inversion, implemented compulsory insurance system, improved the implementation of punitive damage compensation for "10 times" detailed rules and food security testing standards.