The Study of Civil Compensation on Food Safety

• Main Authors: Yong-jay Lin, 林詠婕
• Other Authors: SHU- LI WU
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/51576891529308101287

碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 103 === According to foreign researchers in related fields of view, to solve the food safety problem is the interests of consumers get adequate attention and protection. The key to solve the food problem, the consumer rights to be fully protected, and to protect the interests of consumers of niche point, that the civil compensation to protect consumers rights and that it can get done. The proceeds of Food safety dispute , often due to unequal position of both the burden of proof is not on the equitable distribution of responsibilities, and the parties, often resulting in consumers losing, or time-consuming proceedings, and consumer harm can’t get the results of full compensation. Food Safety and Health Administration Act to amend the law before the permitted despite claims of consumer protection laws, but to resolve the disputed issue of food safety is no major breakthrough in the case of first instance civil judgments plasticizer deepened scholars advocate public or reverse the burden of proof. The mechanism improve the system of punitive damages, to rethink the way food safety civil claims settlement dilemma, the pursuit of a more rapid, complete and appropriate compensation for victims of injury-solving mode. This thesis also studies before amending the law is based on food safety and health management method for food safety dispute of compensation on the basis of the damage inappropriate, to be explored in the food safety legal system how to properly allocate the burden of proof and punitive damages appropriate to make the price of gold, inquiry the burden of proof allocation and punitive damages mechanism for food safety controversy, and then to examine the provisions of China after about addressing food safety dispute amending the law of food safety and health management method, for advice after finishing of the law, hoping to clarify food through paper discusses Testimony safety controversy and punitive damages in the amount of distribution problems and provide possible ways to solve the appropriateness of food safety disputes.