A Study On Remedy Mechanism Of Mass Torts In Food

At present,the food industry has entered mass scale production mode,and pipelining mode of production has made food’ quality gotten a huge leap.Therefore, consumers in different parts can buy the same brand at the same time.On the one hand,people obtain the great convenience.On the other hand,a lot of hidden dangers are buried. If the food has defects that probably damages health of the body,the food will extend to the hands of consumers all over the country through the sales network.And this will directly result in mass food torts. We are already in the potential dangers from mass food torts. In recent years, frequent mass food torts are the proof of that.The serious damages caused by mass food torts are regrettable, but the victims can not get timely and sufficient relief from cases is more upsetting.Traditional judicial remedy in mass food torts doesn’t seem to work, it directly affects the implementation of the core value of tort law, namely,the realization of the function of damage compensation. In the current situation, to solve mass food torts’ relief problem, and guarantee the realization of the right of the victims’ relief, it is bound to build a diversified remedy mechanism.The main structure of this paper is divided into the following parts:The first part mainly introduces the concept and origin of mass food torts. the paper firstly alyzes the concept and origin of mass food torts from upper concept, and then illustrates the unique characteristics and tort liability of mass food torts.The second part explores the causes about mass food torts and present relief situation.The paper analyzes the special causes from the subjective and objective aspects.At the same time, the author also describes the current relief dilemma about mass food torts.The third part mainly explores the remedy mechanism of mass food torts abroad.The author selects the United States, Germany, Japan, the three typical countries as samples,and analyzes their advanced experience, in order to through the beneficial legal transplant to improve our country’s remedy mechanism.The fourth part puts forward some suggestions about the remedy mechanism of mass food torts in China, respectively from the perspective of justice remedy, the government’remedy, and the insurance remedy. Last, the author makes a detailed elaboration about the principle of the mechanism,namely, methods of litigation and non-litigation run parallelly, remedy funds and liability insurance both work, the government plays flexible and powerful effect, various remedy means coordinates perfectly,to create a multivariate remedy mechanism.