Study On The Legal System Of Food Infringement Remedy In China

With the occurrence of Sudan,clenbuterol,Sanlu milk powder,such as a series of food infringement case,let us fully aware of the seriousness of the food safety problem of our country,Frequent incidents of food tort not only cause serious damage to the legitimate rights and interests of victims,but also the social order,the credibility of the government has caused a threat,ensuring food safety is no time to delay,to take preventive measures against food infringement,people are most concerned about the state of the victims of food infringement measures taken to ensure the full and effective relief.In 2015,the new revised "food safety law",Transformation of government functions,strengthen the implementation of the main responsibility of the enterprise,innovative regulatory mechanisms also worth mentioning that the most improved system of punitive damages,but in still no detailed provisions on the specific details of the problem in practice,some have achieved a mature experience in the applicable foreign food relief system in China is still in its infancy,lacking in legislation,plus some relief measures have not been institutionalized and legalized,resulting in a lack of the basis of the implementation in practice,therefore facing a serious food situation infringement,according to China's national conditions to build a perfect food tort relief system is imperative.This article through to the foreign representative food tort relief system to analyze and draw lessons from,based on the present situation of the food tort relief system in our country,to build a mutual cooperation and mutual complement system of relief food tort,better guarantee victims can get sufficient and effective relief to safeguard their legitimate rights and interests,to establish the authority of the government,to maintain social order and social stability.In addition to the conclusion,this paper consists of five parts.The first part of the introduction describes the significance of the study of the legal system of food tort relief,research status,purpose and research methods,so that readers can more in-depth understanding of the purpose and significance of this article writing.The second part focuses on the basic concept of the analysis,introduced the concept of food tort relief and other related concepts,characteristics and how to identify the food tort,which has made a more in-depth description of the food tort.The third part is carries on the analysis to the status of China's food relief legal system in legislation and practice application.Through the analysis of the draw of our food tort relief system in legislation is what and what are the insufficiency,in practice on food infringement relief system for the implementation of the bugs and problems.In the clear defects and deficiencies in order to better put forward suggestions,in order to improve the construction of the legal system of China's food tort.The fourth part is about some foreign has the representative food tort relief system such as the analysis of the system of punitive damages,the system of group litigation,food safety compensation fund system and so on,by induction of these system applicable to the characteristics and advantages,try to summarize these food infringement relief system to our country enlightenment.The fifth part is on the basis of the above four parts,through the foreign food tort relief system for reference,combined with the current situation of China's tort relief system,put forward the perfect suggestions.