Research On Civil Public Interest Litigation Of Food Safety

Food safety concerns people's livelihood,and food safety incidents occur frequently.The reasons are as follows.First,administrative supervision on food safety is not in place.Second,in the common food infringement litigation,food consumers are difficult to have the litigation ability and so on big enterprises,big groups,the road to safeguard their rights is difficult.Third,the representative litigation system is difficult to meet the growing number of food infringement incidents,and rarely applied in practice.Therefore,in order to meet the needs of practical public interests,the public interest litigation system into food safety relief voice is increasingly high.In this paper,research on food safety of the civil public interest litigation ideas as follows,the first part,through the food safety of the civil public interest litigation theory basis and the necessity to establish food safety of the civil public interest litigation,civil public interest litigation is an important judicial safeguard food safety means,due to the grim situation of food safety,protect the weak status,such as inadequate relief considerations and needs to be established.In the second part,based on the 205 cases selected,the author analyzed the types of cases-litigants,litigation claims,applicable laws and judgment results,so as to find the existing problems in the basic system of civil public interest litigation on food safety and the light punishment on operators.The third part analyzes and compares the legislation on civil public interest litigation of food safety in Germany,France,the United States and the United Kingdom,so as to provide reference for solving the problems existing in civil public interest litigation of food safety in China.In the fourth part,this paper believes that the improvement of China's food safety civil public interest litigation should start from three points,the first is to establish the food safety civil public interest litigation system as the guiding ideology.Secondly,the basic system of civil public interest litigation of food safety in China should be improved from the following aspects: broadening the qualification of litigation subject,increasing litigation claims,clarifying the burden of proof,perfecting the reconciliation system,and improving litigation costs.Thirdly,it explores the establishment of the punitive compensation system for civil public interest litigation on food safety,so as to effectively link the punitive compensation system with the civil public interest litigation on food safety.Finally,the food safety guarantee fund is established to ensure the smooth proceeding of litigation.The establishment of civil public interest litigation on food safety is an important part of deepening the reform and strengthening the rule of law on food safety.This paper starts from the concept of substantial justice of economic law and improves the civil public interest litigation system on food safety in China to protect the rights and interests of food consumers and safeguard the public interest on food safety.