The Research Of State Compensation Liability In Food Safety Incident

Recent years have seen significant food safety incidents happen constantly across the world, and these similar incidents also take place now and then here in our country. After incidents, the most important and sensitive issue is how to leave timely and effective reliefs and compensations to the majority victims. However, our current law only stipulates that the damage liability should be undertaken by civil infringers such as food production operators. What's more, in the process of food safety supervision and incidents emergency disposal, the delinquent administrative organs and their staffs only assume administrative responsibilities or criminal liabilities. Therefore, all these have resulted in facts that victims find it difficult to obtain timely and adequate reliefs and compensations, and at the same time the administrative sanction has limited effects on these organs and their staffs. This paper focuses its attention on the government, putting an emphasis on whether the government should undertake the state liability for victims and how to build state compensation system over food safety incidents.The state liability should be looked into after food safety incidents, showing the status of people as the state host, corresponding to the spirit of integration of power and responsibility and equality before law in the principle of rule of law. The discussion of state liability in food safety incidents bears some certain particularities,for it is mingled with the civil compensation liability, which requires to solve issues concerning the causal relationship between administrative illegal behaviors of food regulatory departments and their staffs and incidents in fulfilling their responsibilities,how to share the liability between the state and the infringer, and the application order between state compensation liability and civil compensation liability.The government omission is main manifestation of delinquencyof administrative organs and their staffs in food safety incidents. To establish our state compensation system of food safety incidents, first of all, we should put the government omission as clearly as we can into the state compensation law; secondly, in these incidents, the state compensation liability is mingled with the civil compensation liability, and mass foodsafety incidents have characteristics of wide affected populations, strong abruptness and social influence and so on. As a result, when distributing reliefs and compensations to victims, we should integrate social assistance, particularly diversified economic methods such as government rescue, reconciliation mechanism,state compensation funds, business liability insurance and so on, for the purpose of guaranteeing victims get timely and adequate civil compensation and state compensation.