Research On Legal Issues Of Infringement Damages In The Field Of Food Safety In China

In the modern society with pursuing profit maximization,waste oil,tainted milk powder,clenbuterol and other harmful food have been exposed one after another,so the food safety issues are brought into sharp focus by our people.Today,the "food safety law",which is called "the most stringent law in history," has been implemented since 1st October2015,and more than 80% of the newly revised "Food Safety Law" are in relation to the supervision of the administrative organizations and administration punish regulations.The chief aim is to enhance the administration supervision of the food safety.However,the newly revised "Food Safety Law" on the provisions of the civil tort liability is not comprehensive,The distinctions between the food safety standards and labeling defects are not definite,the food sellers "knowingly" sales and damage to the consequences of identification and the distribution of the burden of proof are not clear,this can lead to the lack of uniform standard,different courts for similar lawsuit will make different judgments,it is difficult to protect the interests of food consumers,it is difficult to ensure the justice and equality in the food safety cases.Therefore,in order to make the Food Safety Law more perfect,maintain the legal rights of consumers and ensure the food safety while they are pursuiting the interests.It is of great significance to ensure the safety of food and improve the civil tort liability system between producers andconsumers.By comparision and analysis of the three cases,this paper finds that the existing laws and rules can not solve the new situations and problems that appear in the food safety responsibility system.The relevant laws must make more specific provisions for the food safety standards,the seller's known principle of imputation and the distribution of the burden of proof,and the definition of the consequences of food safety infringement.It can be helpful for the establishment of the tort liability system and the legal practice of the cases of tort liability for food safety.We can ensure that there are laws to abide by in legal practices and the laws are strictly observed by the relevant civil subjects.Those who try to produce and sell the unsafe food can't speculate,the laws and rules can play the function of regulatory behavior.By doing this,we can form a good food safety production order,food safety infringement dispute incidence rate will gradually decrease.