建立食品安全损害赔偿基金制度的思考-民商法学专业论文.docxVIP

信托模式，然后展开对食品安全损害赔偿基金的具体制度架构，主要 包括以下几个方面的构想：第一，在基金的主体和组织结构方面，提 出确定基金委托人、受益人的标准，构建基金管理机构的组织结构， 保证基金制度有效运行；第二，建议设立专款账户管理出资，规划基 金的资金出资来源，确定出资的分配标准；第三，规范基金损害赔偿 支付的条件、程序及先行支付的追偿问题； 关键词：食品安全事件；食品安全法；损害赔偿；基金 Abstract Food safety is a major issue for both the national economy and the peoples livelihood. Frequent incidents of food safety and their enormous impact urgently need some rational and effective settlement. According to situations of countries, there exists a variety of modes to achieve the damage compensation for food safety incidents. At present, our country mainly applies the kind of damage compensation mode with the civil compensation as the major compensating way mainly by resorting to litigation and bankruptcy. From the perspective of practical effect, this mode plays a positive role in solving the food safety incidents. But it is difficult to function in the case of compensating for the collective event of food safety damages, in which the whole industry is influenced, many victims are involved, and even food producers and operators suffer from big losses. This paper aims at discussing the application of the damage compensation fund from the perspective of the Trust Fund, in order to solve the problem of damages in food safety incidents and to facilitate, both rationally and rapidly, the solution of food safety incidents in our country. This paper has four chapters, with about 40 000 words ,neither the Introduction nor the Conclusion is included. 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