Research On Fines As The Source Of Mass Tort Relief Fund

In recent years, massive violations of food safety have been shocking and seriously affected the quality of life. Due to the imperfection of justice system and lack of food safety legislation, the majority of the victims can’t express their demands through legal channels and protect their legitimate rights and interests. So the executive-led government relief would be followed, the Sanlu medical compensation fund became the most typical.However, the current practice of the relief fund have numerous problems, the most is the source of funds, the outstanding performance is an extremely contradictory relief mechanism:on the one hand the government used improperly the Fiscal funds as a source of relief fund, on the other hand the administrative and Judicial fines obtained from the responsibility of enterprises is turned over to the State Treasury. As Economic Law department, our food safety regulations held accountable through administrative and criminal procedures since there is no economic law procedural law when the outbreak of large-scale infringement cases in the field of food safety. As economic law liability, which mainly highlight the interests of vulnerable groups in society including victims. But the current accountability program only pursue punishment not relief and only stress national interests not the victims’ interests, which completely violate the original intention of setting Economic Law Responsibility, and run counter to the substantive fairness value of Economic Law. So, all this caused the author to think about whether and how the fines become the sources of Mass Tort Relief Fund.The body of the article is divided into three parts to discuss above problem.The first part analyzes and speculate the absence of fines in the Mass Tort Relief Fund starting from Status of the Mass Tort Relief Fund in china, and then analyzes the theoretical and practical difficulties about the fines becoming the sources of Mass Tort Relief Fund, and proposed it’s a contradiction that the fines absenting in the Mass Tort Relief Fund and the financial becoming the sources of this fund and it’s unreasonable that the fines was turned over to the State Treasury, which is mainly because enforcing fines of the central and local government is incongruity in reality. The second part, the author demonstrates the legitimacy of fines being as the sources of the Mass Tort Relief Fund from two aspects of empirical research and theoretical studies. Firstly, the article introduces foreign advanced systems and practices from the perspective of positivism. Above all, it introduces the American civil penalty regime and its typical example——fair fouds from the point of view of administrative confiscation, and then introduces Civil forfeiture System in Anglo-American countries and the Trust Fund in international Criminal Court from the point of view of Judicial confiscation, finally this part introduces the experience and value of chinese Social assistance fund of road safety which use the fines as its sources from the point of view of practice. Secondly, the article analyzes the legal and practical value of the fines as a mass tort relief fund from the perspective of theoretical research, which is not only the inherent requirements of clearing the role and value orientation of government, but also the times demand of rationalizing the relationship between the government and related main body. Given this, it is necessary that forfeiture become the source of the Mass Tort Relief Fund.In the third part, the author puts forward the system conception of achieving the target of fines being as the sources of the Mass Tort Relief Fund from the the perspective of setting the Food Safety Relief Fund. On the one hand, the author discuss the related design of fines being as the sources of funds from the system level, and proposes that the government should enhance the power of national food safety mass tort to central government and stick to give first place to central government and second place to local government in coordinating enforcing fines, central government vertically manages local government which is as agencies and sets up the special account which local government unified pay fines to. On the other hand, The author illustrates the system arrangement of fines execution and payment from the actual operation and proposes introducing the civil fines and civil forfeiture system from the angle of the localization of foreign experience and adjusting it According to the actual situation in our country to achieve that fines being as the sources of the Food Safety Relief Fund.