建立食品安全损害赔偿基金制度思考-民商法学专业论文.docxVIP

Using the empirical-analysis method, Chapter One looks back to the food safety incidents and the characteristics of the damages caused by those incidents in recent years. By resorting to the analysis of progresses and deficiencies of Food safety law on food safety supervision and food-safety-incident settlement, this chapter concludes that the process of food safety incidents need both theoretical exploration and practical innovation. Using the method of comparative study, Chapter Two summarizes ways of dealing with food safety incidents, which are applied by the United States, Germany, Japan and other countries. Also ,this chapter analyzes the characteristics of settlements of food-safety incidents applied by those countries above, introduces the Case of using funds to settle food safety incidents in Germany and Japan, and discusses what inspiration our country could get from the ways foreign countries applied in handling food safety incidents. Chapter Three first discusses the inadequacy of applying the conventional ways of damage compensation, then systematically elaborates both the definition and the characteristic of the damages fund system in food safety incidents as well as the analysis of related systems. Based on the discussion above, this chapter further discusses the theoretical and practical significance of establishing the damages fund system for food safety incidents. On the basis of comparative studies and systematic analysis, Chapter Four focuses on how to construct specific systems of the damages fund in food safety incidents for our country, in order to provide new ideas and reasonable ways for the practice of settling food safety incidents in the future. In my opinion, the Trust Fund model should be adopted for the damages fund system, and the specific systems should include the following aspects. Firstly, in the aspect of the subjects and organizational structure of the fund ， the system should delineate s