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Research On The System Of Large Scale Infringement Damage Compensation In The Field Of Food Safety

Posted on:2017-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:S J CuiFull Text:PDF
GTID:2296330485458212Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years, large scale infringement occurred frequently in the field of food safety, which involves a large number of victims, a wide range of influence, so that the public has suffered great personal, property and spiritual loss. Large scale infringement in the field of food safety seriously endangers people’s lives and lives. It needs to be clearly defined for the victims’ compensation and the responsibility of the people. But the provisions of China’s existing laws relating to food safety in the field of mass tort damages are few and there are many defects, lead to food safety in the field of mass tort is difficult to define, the victim’s damage compensation is not in place, tort liability can not be found. Therefore, we must carry on the theoretical and practical research on the system of large-scale tort damages in the field of food safety, this article is divided into five parts:In the first part of this article, the main methods of large-scale tort damages in the field of food safety in our country are introduced, as well as the reasons for the determination of liability and the compensation for damages in tort liability law.The second part of this paper introduced infringement of our country from 1998 so far in the field of food safety exist, through comparison and analysis, it is found that the victim’s damage compensation for existing problems, and then summarizes the existing specific problems, for the following research.Analysis of food safety in the field of mass tort theory study of the third part in the field of food safety mass tort compensation system, mainly from the illegal behavior, damage and the causal relationship were analyzed. Then it analyzes the present situation of the system of mass tort damage compensation in our country, and the main contents are the actual damages and the system of punitive damages.The fourth part of the field of food safety mass tort damage compensation system were comparative law analysis, mainly from the Anglo American law system and continental law system countries and regions were compared and analyzed, and four points to draw on Comparative Law of the enlightenment.The fifth part in view of the particularity of the food safety in the field of mass torts, summarize foreign experience, put forward the effective and feasible proposal, in combination with the actual damages based on the application of punitive damages, and gradually perfect the system of punitive damages, and the introduction of "alternative causal system to determine in food safety in the field of mass tort infringe people are unknown or causality is difficult to define the liability for loss or damage of bear, in line with the principle of "responsibility "by the infringe people bear food safety in the field of mass tort liability for damage.Construct mass tort damage compensation system in the field of food safety to improve our country’s tort law system, the system of compensation for damage in our country can play a role, and ultimately achieve protect the safety of people’s lives and health, safeguarding public interests and social stability to.
Keywords/Search Tags:food safety, mass tort, confirmation of responsibility, damage compensation
PDF Full Text Request
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