Study Of Diversified Relief Mechanism On Food Safe Infringement

Following the rapid development of food industry and popularization ofinterregional food sales, food tort caused serious consequences. It harms not only thepersonal legal interests of victims but also the food safe interests of society. How torelieve the victim’s rights then maintain public interests is the one of the socialproblems which need to be solved as soon as possible. Based on the remedy of thevictims’ interests of food tort, this text proposes to set up diversified relief systemwhich includes civil remedies, liability insurance, compensation fund and the nationalrelief. The establishment of the diversified relief system has strong theoretical basis.The establishment of the diversified relief system on food tort damagescompensation is to solve the damages compensation of foot tort on our country. Thecomplexity and difficulty of the relief of victims seal that the establishment of thediversified relief system is the natural selection of the tort law. The establishment ofthe diversified relief system has strong theoretical basis. The social engineering juristaltheory of sociology of law advocates that the jurisprudential study should be emphasison social effect, and stress that the law should fulfill the people’s needs of interests as far as possible. Following the progress of food industry and interregional food sales,food tort caused heavy casualties. The current damages system can not satisfy therequirements of a large member of victims’ relieves. The diversified relief system canbetter solve the damages compensation of food torts; ensure the victims’ legal interestsmore reasonably. Social solidarity considers that the sociological subjects are inuniversal connection and the state and society held the responsibility of assistanceobligations since they bear the public service. The diversified relief system reflects thestate intervention and spread risk, so it conforms to social solidarity. Moreover, thebasic idea of damages compensation is loss dispersion which is used by diversifiedrelief system. It conforms to the right, obligation, distributive justice those areemphasized by the distributive justice theory. The trend of socialization of civil lawand the internal revise of tort law also promote the generation of the diversified reliefsystem. Enhance the protection of the victim’s rights and the maintenance of thesociety’s interests is the trends of modern private law. The diversified relief systemenhances the compensation ability of the infringers, helps the relief of the victims’rights, balances the personal interests and social interests, and therefore complies withthe development of private law.Civil remedies are the fundament of the relief of food tort. How to improve thecurrent civil remedies is one of the important problems to solve the damagescompensation of food tort. This text proposes that the judgment of causal relationship of food tort should base on the original determining method, use new methods to acertain extent according the specific cases. The medical examination fees of toxicsubstances in America enlighten the food tort’s compensation of potential damage inour country. The establishment of food tort’s compensation system of potential damagewill fully protect the victim’s rights. Punitive damages can compensate the damages ofsociety’s interests. Re-build the punitive damages of food torts in our country will playan important role on food torts.Timely and legal compensation is the characteristic of the liability insurancesystem which is better to solve the damages compensation of food tort in our country.In current stage, apply to the liability insurance system has just started and lots ofproblems need to be solved. The establishment of harmonious society, theenhancement of our economy and the improvement of insurance industry providestrong foundation to apply liability insurance system on food tort.The liability insurance applies to food torts conforms to the basic idea of tort law,maintains the balances of interests and complies with the development of tort law,therefore is validating in theory. During the application, the government should leadthe compensation, constitute the reinsurance system, force some food industries toinsure the liability insurance and ensure the implementation of liability insurancesystem. The compensating nuclear damage by liability insurance system in Americaenlightens the food tort’s compensation in our country. The establishment of liability insurance system which shares the risk among the same industries can increase theinsured amount and enhance the amount of limitation of liability, so it play importantrole in liability insurance system.The establishment of fund to cover future claims can also enhance thecompensation ability of the infringers, ensure the victims’ continue treatment andreduce the pressing of the government’s compensation liability. The fund style is usedto solve the compensation problem when manage the damages compensation of massfood torts in foreign countries.“SanLu Milk Powder” case also uses fund to coverfuture claims to compensate the victims. But it causes some problems in managementand monitoring. Scholars have basic study about the system of fund to cover futureclaims. This text analyses the fund to cover future claims in foreign countries andcombines their successful experiences with the current theories in our country, projectsour own compensation fund system.The national relief plays an important role in the food torts. The national relief isthat the government performs all the remedies in food torts for the country includingpay the funds for the victims, placate the victim and organize, coordinate, monitor therescue works. The specificity of the food tort, the imperfection of current law and theactual conditions of our country decide that the national relief is necessary in food tort.This text not only analyzes the validity of the national relief by social contract theory,national ethics and welfare state theory but also analyzes the related law of the national relief responsibility. By combining with the regulations of foreign countries’ nationalrelief, establishing the food torts relief system of our country on the national relief’sfundamental principle, perfection of the current law and implementation.Only made a synthesis of regulations of food tort, the shortcoming of everyregulation can be offset, and the advantage of every regulation can be strengthened,therefore the victims can be relieved by diversified ways and social stability can bemaintained. The premise of coordinating regulations is comparing every regulation indifferent ways. Limit applying the diversified relief system, ensure the compensationand punishment are the basic rule of the diversified relief system on food tort.According the current regulations in our country, the diversified relief system must berun in parallel and connected in reasonable way. Therefore the diversified relief systemcan be run smoothly.