The Study On Food Tort Relief System

Food is the basic material conditions for human survival and development, but also is the fundamental needs of national stability and social development. Quality and quantity of food are related to human survival and health. As well-off society goal one by one step forward, our country has been basically ensure the sufficient supply of food, in the realization of food and clothing, more the pursuit of food nutrition, health and safety. However, in recent years, food safety accidents happened frequently have infringement problem into the spotlight as never before, such as Sudan red, clenbuterol, melamine, plasticizer, etc., food safety has become one of the modern society focus of concern. Major food tort accident also indifferent attitude to people is a wake-up call:food safety problems, the situation is increasingly grim, guarantee food security task is urgent, in ensuring adequate food supplies at the same time, must ensure that the quality of the food safety in our country. To resolve food safety crisis, protect the interests of our people, need to establish a perfect food safety beforehand prevention system, the more you need to set up effective relief mechanism, for the victims of food safety accidents in a timely and adequate relief. Food infringement case the victim rights and how to get the timely and effective relief of more and more get the attention of people. Although the new "food safety law" to the victim’s relief in the food safety violations have some new rules, but some provisions are too general and vague, lack of realistic operability, so, according to China’s specific national conditions to perfect our country tort relief system of food safety is a priority. Therefore, based on the thorough analysis our country current relevant food, on the basis of tort law, comparison between the two countries in reference to the food relief law aspects of successful experience, on how to perfect the relevant laws and regulations in China to carry on the beneficial exploration and put forward reasonable suggestions.This article altogether is divided into four parts.The first part start from the fundamental problem of food safety of infringement, the introduction of the concept of food safety, as well as how to identified food safety of infringement, and its constitutive requirements, the principle of imputation in-depth in this paper.The second part analysis the status quo of China’s current food safety tort relief law system, summing up the relevant legal provisions and practice experience of our country, and analyze the related defects and the insufficiency.The third part introduces the developed countries on food safety tort relief law system, detailed list of the United States, Japan’s food infringement relief law.The fourth part is the focus of the full text, in the first three parts, on the basis of the present situation of food safety tort relief in China, and the advanced experience of developed countries, the perfection of legal system of food safety in our country tort relief Suggestions are put forward.We watch, food security relationship with people’s life and health and safety, more relationship with the national harmony and stability and development. To solve food safety problems, we should be more cautious, pragmatic and responsible attitude, on the one hand, to perfect relevant food accident prevention monitoring mechanism, safeguard food safety major premise, on the other hand, gradually improve food tort damage compensation liability system, through the reasonable compensation mechanism for effective relief for victims, fully protect the rights and interests of the victims, the people-based really do.