Litigant Settlement Mechanism Of Food Safety Disputes

For large-scale food safety disputes,China is still a lack of effective channels of relief that can be used by victims.A lot of violations are can't be corrected and contain timely and even getting worse,these conditions can be reversed if fundamentally,will bring disastrous consequences to China economic,social and rule of law.On the one hand,engage in illegal activities,food companies and individuals for their illegal business activities did not receive due punishment,then other companies and individuals will follow,accompanied by a vicious cycle of the entire food industry.On the other hand,was right to an effective remedy against those who are not,the consequences of not just individual rights trampled,basic survival needs are not guaranteed,people will shake faith in the law,which will greatly affect China the rule of law in the process.This paper aims to investigate food safety litigation dispute applicable judicial system relief victims.This article besides the introduction and conclusion,is divided into four parts:The first section provides a brief review of food safety incidents occurred in China in recent years,food safety disputes led to a series of food safety incidents objective existence,and food safety disputes different from the general population of the traditional consumer disputes and tort disputes,food safety disputes the social impact of the two sides dispute the power of the parties as well as comparison of professional and technical disputes are decided in food safety disputes the need for specialized solutions and approaches.The second part describes the current China's food safety way to resolve disputes,including non-litigation dispute resolution and litigation solutions.Given the limited specificity of food safety disputes,non-litigation dispute resolution settlement efforts,making food safety disputes outside of litigation relief showing a remedy inadequate status.The litigation should be the way to resolve disputes more effective food safety.The third part is the main content of Operational Status representative action to address food safety disputes,judicial practice,courts rarely used the representative action to address food safety disputes,partly because some of the problems existing in the system design itself,on the other hand the Court for the purpose of maintaining social stability,combined with a certain program options,resulting in representative action in judicial practice is difficult to apply.The fourth part is the key part of this article discusses,and explore the feasibility of the number of uncertain representative action to address food safety disputes.This system is designed to avoid abuse complaints,efficiency of the proceedings,to avoid large-scale food safety disputes affect social stability,from a social point of view,the proceedings after the verdict was easier to obtain public acceptance and recognition,and more conducive to the final settlement of disputes and social harmony.The number of representative litigation uncertain programming has its rationality,to maintain the existing system design,food safety disputes in judicial practice considering the lawsuit will and discretion of the court of the parties,the number does not apply to food safety disputes determine the representative action is feasible.Chinese food safety litigation dispute resolution mechanism currently exists some limitations,we must brought into full play the value and functionality of uncertain number representative action.If we can achieve leading to the dispute from the government-led to justice when solve food security disputes,it will produce good social effects and judicial effect.