Research On Latent Damage Compensation Of Food Infringement

Potential damage of food infringement refers to damage to the human body due to long-term accumulation of unsafe factors contained in the food in the human body.However,the damage result cannot be immediately apparent,but can only be experienced after a certain incubation period.Compared to the traditionally purely objective appearance of physical damage,potential damage has latent,gradual,and other specificities.The harm factor often triggers mutations in the DNA molecule and causes mutations in the body's asymptomatic genes,and by damaging the immune system,potential harm victims will have a significantly increased risk of future cancer or other diseases.Therefore,from the perspective of legal hermeneutics,we should redefine the concept of “damage”,expand the specific definition of damage to the existing scope,endow unconditional genetic mutations and increase the risk of disease,judicial remedy.In the lawsuit of potential damages of food infringement,due to scientific uncertainty and lack of legislation,it is difficult for the victims of potential harm to prove that there is an exact causal relationship between the toxic and harmful substances in the defective food and the potential harm suffered by it.Therefore,the current system of proof of liability should be broken in the case of potential infringement of food infringement,using probabilistic evidence,scientific evidence,epidemiological causation theory,and evidence damage theory to further reduce victim's proof burden.In addition,in the compensation for potential damages caused by food infringement,a compensation system for medical monitoring expenses was introduced.The infringing company set up a compensation fund to pay the potential monitoring damages to the victims of potential damages in installments,potential damage victims may also request a certain amount of spiritual damages due to the mental pain caused by the fear of illness.Finally,draw on the supreme craft defense theory in American law and the development risk defense theory in European law,in the potential damages of food infringement,the development risk defense,the plaintiff's defense against imputability,and the defective foods that have not been put into circulation are introduced as the infringers exemption.