Construction Of Compensation Fund System Of Food Tort In China

Our country present food safety accidents occurred one after another, tonyred, Sanlu milk powder, clenbuterol and other series of food Tort Events ensued, the large number of victims, social disorder, the consequences of the damage is very serious. From the existing reports and studies in historical perspective, can be found in our country to solve food safety problems still will focus on regulation, the provisions of less relief. The reason is because the victim knows the poisonous and harmful food, but it is difficult to prove the main responsibility, causal relationship and fact of damage, even if the victim is successful, infringers are often due to their inability to afford medical expenses. Therefore, the infringer can not according to the field of private law relief system to make their own right to relief. However, only pay attention to supervision and ignore the remedy, it will cause the government to increase food safety supervision, but the amount of food violations occur each year grow with each passing day. In 2008 "melamine incident" as an example, laws and regulations and related system of inspection in 2008, the infringee can only get less compensation, bankruptcy, bankruptcy, the government had to come forward, with a number of enterprises to establish a medical compensation fund for Sanlu milk powder incident, but this is only in terms of medical compensation fund, also need further institutionalization and legalization will be the implementation of. On the contrary, in dealing with such events, foreign countries have established a compensation fund, the important reference for us to construct food tort damage compensation fund system. The fund for food tort relief system, not only has been highly praised in many cases in practice, but also effectively in value and practical operation process to break down food tort remedy in China dilemma.In addition to the introduction and conclusion, this paper consists of four parts:The first part introduces the general principle of food tort damage compensation fund, which is composed of food production operators or relevant responsible person in accordance with relevant laws and regulations, and the provisions of other rules and regulations, forced to pay a certain amount of money or in the form of tax or government funding and other ways to raise funds to the society. Or is the formation of social groups and individual donations of funds after collection by the special food tort compensation fund management institutions and personnel management, in the event of food tort incident, timely, effective and equitable, can start to give the victim compensation and medical treatment expenses, and subsequent medical expenses and other food tort related costs incurred for relief and compensation fund. In addition, it has the nature of the public, and the infringee has no direct correspondence, raising, distribution, use and management must have strict legal procedures, independent of the bankruptcy procedure, not investment means. The compensation fund for food damage is "corporate social groups", is an independent subject of litigation status, is conducive to the infringee timely, fair and orderly relief and compensation for infringement of sustained attention, to build a socialist harmonious society has important significance, can share social risk effectively;The second part is to further the necessity and feasibility of the compensation fund for food tort demonstrates the necessity, it is reflected in the current civil compensation system of tort relief food restriction factor, the social security system, the existing inadequate relief compensation mechanism in food tort effectiveness, persistent insufficiency, can make up for the field of food safety the liability insurance system defects and overcome the shortcomings of the administrative relief pattern. Its feasibility is reflected in China’s food tort damage compensation fund system has made a preliminary exploration, the field of public funds have achieved good development, has the advantages of the system, in the construction of food tort compensation fund has a mature theoretical basis.The third part expounds the compensation fund to bring us the German "fund for disabled children" and Japanese "light foundation" food tort system and their enlightenment.In the fourth part, from the establishment of the legislative model, the conditions and procedures of the fund, the fund raising funds and to use and supervision of the fund, put forward the idea of building the compensation fund for China’s food infringement.Can not be ignored has theoretical significance and practical significance of Building Research Fund Compensation in our country food tort, only by establishing a sound legal environment, in order to effectively promote the healthy development of China’s Fund for compensation for infringement of food.