Research Of Public Interest Litigation System For Food Safety In China

In recent years,many food safety cases emerge in an endless stream,and we can not effectively curb food safety incidents.There are three reasons for the constant occurrence of food safety cases: first,the administrative supervision departments did not give full play to its pre-preventive functions,and post-processing also has lag and limitations;second,the general litigation system in food safety cases due to professional,technical and litigation status that is difficult to equal,consumer input and income is not proportional and difficult to win,leading to its abandonment of litigation;third,the representative litigation system is rarely applicable because of the use of the registration system and can not play the advantage of litigation efficiency in food safety cases.Problem food on the public harm is great and not obvious,and long latent is normal,and we will consume the huge human and financial resources if we are facing cancer and other damage.Food safety issues affect a wide range,and often damage the public interest.Therefore,we need to explore other remedies to supplement the existing legal system,to protect the public interest in the field of food safety."Civil Procedure Law" provides the public interest litigation system,including environmental public interest litigation and consumer public interest litigation in 2012.In consumer public interest litigation,we can classify consumer public interest litigation according to the subject of consumption.Food consumption has a wide range of characteristics.For example,a petty consumption,no written contract,rapid trading and circulation.Food safety public interest litigation is a special consumer public interest litigation,and public interest litigation in solving the problem of food safety provides a new way of thinking.However,public interest litigation in the field of food safety has obstacles,in view of these problems in the legislation and practice system should be improved in several aspects.First,the scope of the prosecution of the main narrow,analysis of the prosecution and the Consumer Association as the plaintiff has its shortcomings,based on the experience of foreign experience should also be given to other social groups,citizens and the media media plaintiff qualification and provides priority for prosecution.Second,the burden of proof applies to the traditional principles or evidence collection by the court will cause the burden of proof to share unreasonable,and put forward the burden of proof to diversify.Third,the burden of litigation will affect the plaintiff's prosecution initiative,we should propose the establishment of litigation costs fund.Fourthly,under the condition of lack of claim fordamages,by analyzing the importance of the civil liability of the defendant to the public's relief,it is suggested that the punitive damages should be applied.At the same time,we should also pay attention to food safety public interest litigation and administrative law enforcement,ordinary civil litigation and representative litigation convergence and coordination.Food safety is related to the people's livelihood,and the law of food safety regulation of the main purpose is to protect the health of citizens and life safety.The promotion of food safety rights and the promotion of legalization of food safety,on behalf of our country continue to improve the food safety legal system.Improve the food safety public interest litigation system is a supplement to the food safety legal management system,and can achieve the protection of public interest in food safety.