Research On Potential Victims' Relief In Food Safety Incidents

It is generally acknowledged that the victims in food safety accidents refer to those who have fuffered from real damage.In fact,the potential victims should be included.Since the food safety law was promulgated in 2009,there have been a number of food safety incidents.Therefore,although the food safety supervision in China has increased,but the food safety incident rate is still high.after a food safety incident occurred,due to different constitution,edible frequency and quantity or other reasons,the victim may have different damage results.After eating hazardous food,some victims instantly appear actual harm results,like nausea,vomiting,abdominal pain and so on;while some victims may not immediately apparent actual harm,and there is no obvious symptoms in the early stage of the incident,but after a period of incubation,they will appear obvious symptoms,as many babies in the melamine incident appeared the symptoms of kidney stones after long term consumption of hazard milk,the latter are potential victims.On the one hand,there is no case where the petential victims take a legal action as for potential damage and eventually win.In the judicial practice of China,there is no case of tort compensation for potential damage.Only in some cases in which the plaintiff purchase or eat the food that does not meet food safety standards like inferior food or expired food and there is no obvious damage results,some courts will according to Article 148 of the food safety law to verdict the defendant to bear the corresponding responsibility.On the other hand,the lack of legislation is also a major obstacle to the potential victims' relief.Because of the infringer in China's current legal system like tort law and food safety law does not include the "potential victims".What corresponds with the lack of legislation is a huge number of potential victims in food safety incidents.once a food safety incident outbreaks,the potential victims are unable to obtain relief.Potential victims in food safety incidents tend to be widely distributed,providig reasonable,adequate relief for them is conducive to safeguarding the legitimate rights and interests of consumers,solving the compensation problem of food safety incidents and maintaining social stability.On the basis of the interpretation about the theoretical basis for potential victims' relief in food safety incidents,analyse the realistic dilemma of potential victims' relief in food safety incidents,by drawing form outside,puts forward some suggestions about how to relieve the potential victims in food safety incidentsBesides the preface and the conclusion,this text includes the following four part.The first part is the Theoretical basis of potential victims' relief in food safety incidents.First of all,the concept of damage theory is the theoretical basis.Clear the connotation of food safety incidents and potential victims.Analyse the three typical damage theory which include the margin principle,organization principle,standardized damage principle of the evaluation their advantages and disadvantages,explore the legitimacy of potential victims' relief from the perspective of standardized damage principle.Secondly,the idea of "people-oriented".Analyse the origin and connotation of "people-oriented",prove that potential victims' relief accord with "concept oriented".Thirdly,from the traditional society theory of risk society theory.Combined with the theory of risk society,analyse The impact of risk society on food safety incidents,discusses the necessity for potential victims' relief.Finally,from the "abstrac conceptual thinking" to the "type of thinking".Analyse the features and advantages of the type of thinking,explains the three main type of theories,explore the the necessity for taking " potential damage " into the scope of " damage ".The second part is the realistic dilemma of potential victims' relief in food safety incidents.First,it is difficult for potential victims to claim damage,mainly manifested as: it is difficult for potential victims to prove the magnitude of the results and the causal relationship between the results and the food safety incidents,The complex identification of the causal forces between food safety incidents and the results,the existing procedure can hardly remedy the potential victims.Second,the legal nature of the potential damage is not clear,mainly manifested as: the potential victims are not incorporated into the category of damage from the legal level,the court avoid mentioning the potential damage.Third,potential victims' right to know is difficult to guarantee,mainly manifested as: lack a strong legal system environment,lack an independent and a special information disclosure agency,an effective information disclosure system of food safety incidents has not been established yet.Fourth,the other supporting system for potential victims' relief is not perfect,mainly manifested as: the food safety risk prevention legal system is unsound,food safety liability insurance legal system has not been established yet.The third part is the investigation about the law regulation of potential victims' relief in food safety incidents in outsides,mainly includes six potential victims' relief legal system in United States,EU and Japan.the health examination fee of potential damage system is a typical potential victims' relief legal system in US.In regard to the logical order between punitive damages and liability insurance,the courts in US prefer to take the punitive damages into account,in order to compensate consumers,while in Japan,mainly take controlling risks by government regulation into accont.The Super Fund in US is set up in advance,and The Conte Gan Fund is set up after the incidents outbreak.Japan and the European Union emphasize the independence of the food safety risk assessment agencies,While the United States does not emphasize.The United States,the European Union and Japan emphasize that the food safety management should be throughout the whole process of food circulation,and hammer at make the food safety standards correspand with the international standards.From the experience of outside,we can set up health inspection fee of potential damage system and the food safety incident compensation fund system in China,together with the compulsory food liability insurance system,and improve the food safety risk monitoring and assessment of the legal system,to solve the problem of potential victims relief from the root.The fourth part is the construction of the relief system for potential victims in food safety incidents.First of all,the compensation fund system of food safety incidents.Begin with specific system like legislative mode,design of fund operation,improve the emergency funds management system of food safety incidents,and coordinate the relationship of compensation fund and food safety liability insurance.Secondly,the litigation system of potential victims' health examination fee.Based on the legal nature of the potential damage,perfect the specific content of the system,like burden of proof,the applicable conditions,the payment method.Thirdly,security mechanism of potential victims' right to know,mainly includes: define the responsibilities of the information disclosure agency,establish an independent Investigation institution and normalize investigation procedures,improve the government spokesman system.Finally,the other supporting system for potential victims' relief,mainly includes: to improve food safety risk prevention legal system,and establish the compulsory food safety liability insurance legal system.