The Research Of Legal System Of Compensation Fund In Food Safety Accident

At present, food safety accidents frequently appear in our country. Advance guard isessential, but after the accident, how to make the victims compensated reasonable is moreimportant. In the present stage, law in our country on food safety infringement provides nospecial way of remedy, the victims can get compensation by bringing infringementproceedings, their needs will be meet through complicated and complex civil litigation, andthe claims arising from the food tort has no priority. However, food safety infringement hasits particularity: the first is tort of this kind generally leads to the physical damage to thevictims. It makes the demand of compensation is urgent; the second is impact caused by thistort usually appears indirect and cumulative, it makes the proof of causation between thedamage and defects of the food more difficult.The Contradiction between the flaw of the food tort and the particularity of the foodinfringement lead to the consequence that the victims can’t get fully compensation. Foodsafety accident involves a wide range, and causes damage to the major and bad social impact.Consequently,to solve the problem of compensation of victims matters.In2008, when melamine incident broke out, the victims can get a small amount ofcompensation in the existing system. At last, the government called22medical enterprises toestablish a medical compensation funds. In this way, the victims recieved full damages. Butthis is only a temporary solution, which needs to be institutionalized to solve future problems.In view of the characteristics of food infringement, many countries provides other waysof relief in addition to the compensation of the civil tort. Some countries established thesystem of compulsory liability insurance in the field of food safety, while others builtcompensation fund to make the victims compensated fully. Compulsory liability insurancesystem showed some deficiencies, while the establishment of fund on victim compensation,received the good effect.Draw lessons from foreign advanced experience, the author put forward to build the foodsafety accident compensation fund. This paper mainly discusses the construction of legalsystem of the food safety accident compensation fund from the following aspects.Besides the preface and conclusion,the paper has five parts. The first part mainly introduces the current situation that victims obtain insufficientcompensate in china, SanLu incident as an example.And the compensation fund system isvery important to solve the problem that victims cannot get full compensation.The second part introduces general issues of the food safety accident compensation fund,including the concept, the nature and the characteristic of compensation fund.The third part is the realistic basis of the constrction of the food safety accidentcompensation fund.The author mainly analyzes from three aspects：the background,thefunction and the social effect of the compensation fund.The fourth part is the compensation fund system in foreign country and theenlightenment to our country.This part mainly discusses from the “handicapped children’srelief fund”，“Conte Gan foundation” in German and the “accident compensation fund law” inNew Zealand.At last,the author summarizes the establishment for us to build food safetyaccident compensation fund system in china.The fifth part is how to build the system of the food safety accident compensation fundin our country. This part mainly discusses the mode of the compensation fund, the source offund, fond’s day-to-day operations as well as the relevant provisions of the fund supervisionand so on.