Research On Legal Issues Of Food Safety Tort Damages

With the development of industrial technology and the refinement of social division of labor, food processors and food division, it is no longer self-sufficient natural economy condition. Improve the efficiency of the division of labor, but also contains risks, every aspect of the processor is not always the ultimate food provider, the identity of the anonymous lead to food safety responsibility decreased, resulting in food safety issues abound. Today’s society, mass production and well-developed logistics and transport, so that the range of food safety violations is beyond the violations in the traditional sense. In such a Mass tort, the victims belonging to vulnerable groups unable to get damages when their rights suffers serious violations and lack of long-term relief of problems occur, if things continue will certainly not conducive to social stability. All kinds of food safety incidents Forced law must respond.The rule of law is the rule of good law. Modern type of law is a Responsive rule of law, must respond to the challenges raised by society, so that it can generate good order. Therefore, from the perspective of system security to deal with food safety hazards caused by the infringement, to ensure that victims can receive appropriate compensation, is the top priority.In the first chapter defines the concept of food security and food safety in infringing the legal level, and analyzes the concept and characteristics of food safety infringement in sight mass tort, indicating the diversity of food now infringement problem areas, emphasizing legal regulation of mass tort tort law is an important issue to be faced. When compensatory damages of the injured party can not obtain reasonable relief when punitive damages that is useless. Secondly, it analyzes the constituent elements and principles of food safety liability tort damages. By analyzing the common law and civil law different responsibility principle, and the provisions of the current law in the imputation principle do comparison, analysis of the problems of our responsibility principle.The second chapter focuses on the system of punitive damages in the field of food safety, and analyzes the legitimacy of punitive compensation system in the food industry in the infringement, as well as punitive damages system of food safety in the field of special value pursuit reveals punishment improve the compensation system necessity. And through specific case of "ten times the compensation" law applicable analyzed, and pointed out the problems in specific application process may encounter.The third chapter, through analysis and study of the above, proposed China’s food safety tort damages system problems.The fourth chapter, solve these problems, and propose measures to improve recommendations. Principles of Responsibility to establish a favorable improve our legal system, will help protect the legitimate rights and interests of consumers, more conducive to the Trial practice; perfect system of punitive damages against vulnerable groups in society to achieve the purpose of protection, deterrence the tortfeasor, regulate their behavior, and because of violations reducing indirect protection of the public interest; Improve the burden of proof, so that victims are not as a vulnerable group suffered huge losses; learn to establish a special fund litigation and insurance system can not only share the punitive the pressure compensation, for the construction of our legal system is a way to help.Tort damages issue of food safety is no longer focused on the responsibility for civil law tradition that is positioned to fill the loss, with the new multiple violations, emphasized the concept of modern civil maintenance in the industrialized society and focus on the protection of the weak, at the same time we must protect on the public interests, such in order to achieve substantive justice.