The Damages Research Caused by Defects Food
|School||Huazhong University of Science and Technology|
|Keywords||Defects food Representative action system Damage Compensation System|
Food to safety first. In recent years, large-scale food safety incidents malignant defect has repeatedly occurred, to personal and property rights and interests of victims caused great damage. From eight years ago, \cast a heavy shadow of my heart, bitter experience of the I, when the victim endured great physical and mental trauma to seek damages, they are often also found hard to protect their interests. Filing difficulties of proof is not easy, cause identification, these institutional or technical reasons, have hampered the victim a fair and just compensation. This paper is divided into four parts, the first part is about the \First introduced the \The second part is the \First introduced the Government to adopt a unified approach to executive compensation hand the situation, and then analyzes the shortcomings of this approach, the Chief of the legal issues resolved, the executive-led reparation procedural defect, in essence, is not justice. The third part is the \A brief introduction of China's current food safety status of frequent accidents and damages deficiencies; secondly analyze defects on food constituent elements of damages obstacles; defects food standards gaps, hysteresis and conflict situations, damage to the facts because the evidence does situations such as difficult to identify, such as damage to the complex relationship between cause and effect. Finally, a lawsuit for damages plight style and reflection. Policies on the one hand with judicial proceedings restrictions accepted for groups of fewer lawsuits, decomposition cases, softening treatment, mainly for the maintenance of a stable political pressure, lack of independence of the judiciary, law is not perfect and other reasons; the other hand, represents litigation system also has a number of people difficult to overcome defects, such representative action instituted harsh conditions, representative methods and entities produce a problem with permissions, representative action activities \while in judicial practice, the court system is often split cases were processed, to avoid public events. For this, the author also made recommendations for improvement. The fourth part is defective food damages System. First analyze defects food damages abuses of the system, namely a narrow range of personal injury compensation, the standard is low, the amount of small, imperfect system damages, damages single function and so on, and make sound recommendations; followed by analysis of the defects of unknown food producers circumstances, shall be compensated in accordance with the market share theory; furthermore suggested clear violation of state organs and their staff fail to comply with their duties and responsibilities, liability for damages; Finally defects in large-scale food damages case, should perfect mass action mechanism.