Research On The Civil Remedy System For The Tort Of The Unsafe Food

Food security has been severely impacted due to abuse of food additives and addition of toxic and harmful substances since the industrial production,which makes food increasingly insecure.Under this circumstance,many countries start to attach more importance to food security issues and handle food security problems by passing some concerned laws and regulations and strengthening supervision.China has also paid much attention to this issue now that we can hardly say our situations are optimistic with food insecurity incidents taking place so frequently that it has been a focus of the whole society.Recent.years have seen a lot of food contamination accidents related to food security and a growing number of important events about food quality in China.Among them the most notorious and astounding is the Sanlu milk powder incident.Besides,there exists some deficiency in the civil relief system for damages and torts caused by food insecurity in China,which always makes victims who has suffered from damages and torts fails to get compensated in time and safeguard legal rights because of the unsound legal system.The thesis mainly focus on the civil relief system for damages and torts caused by insecure food.At first,it detailedly explains the concept and approval standards of insecure food,summarizes the features of damages and torts caused by insecure food and then discusses the legal definitions of various infringement acts respectively.Starting from general torts and special torts,it briefly introduces several theories formed by torts.It is because damages and torts caused by insecure food are included by production infringement acts.The thesis will talk about constitutive requirements,doctrine of liability fixation and exemptions and make it clear the legal definitions of damages and torts caused by insecure food.Secondly,the thesis analyzes the current situations and main problems existing in the liability system of damages and torts caused by insecure food.The Chinese concerned laws are not totally complete and the legislation idea of“penalty outweighs people” is never utterly changed.Other problems are different criteria about relative laws and regulations,insuffcient judicial remedy and unguaranteed damage compensations.Last but not least,by comparatively studying the system in America and European Union,the thesis put forward some means to complete the civil relief system ofdamages and torts caused by insecure food.For instance,through learning from the U.S.A.and the E.U.,we should ensure the doctrine of liability fixation and exemption,guarantee that victims are able to demand for compensations of spiritual damages even they haven't been damaged physically.In addition,the thesis also finds it necessary to perfect China's laws to solve the problems existing in our laws and regulations about food security drawing some precious experiences from the market share system and medical costs checking system in America.