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The Research of the Right of Consumer’s Food Safety

Author: LiuGuiPing
Tutor: HuangLiPing
School: Wuhan University of Technology
Course: Civil and Commercial Law
Keywords: Consumer The right to food safety Right
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 472
Quote: 1
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Abstract

In recent years, China's food security frequent occurrence of serious incidents of food safety is not only caused deep concern of the whole society, and also triggered a deep concern of consumers on food safety. As the first needs of human survival, food security as the first guarantee of human life, is bound to the need for food safety to give more emphasis to be special protection for consumers in order to better protect consumers' lives and health safety. Right to security has actually exists in the legal system into the existing food safety, consumer safety rights already in the \, and then have the necessary consumer food safety right. The right to security of the basic rights of consumers, food safety, the right course for the basic rights of food consumers. Currently, our scholars more stations in the public safety perspective, set by production operators and regulatory norms of behavior, the relevant departments of the state functions and performance to protect consumers' lives and health security; Some scholars based on consumers and producers and operators specific relationship, the food security of the general included in the consumer the right to security research; the individual scholars boldly proposed \\However, I did not see the description of the law on the right to food safety, there is no clear consumer rights and production operators obligations, combined with the ambiguity of the scope of their rights, making the conflict and confusion on the application of the law, to the judicial The practice of causing trouble. Therefore, from the point of view of law, it is necessary to conduct in-depth study on the right to the right to food safety for consumers. This paper is divided into four parts. The first part of the introduction, the author of a social life, frequent occurrence of food safety incidents as the starting point, the grim reality of the problem under the fuzzy theory and legislative status quo, consumers the right to food safety this right and clear food The purpose of the study and the right to security. The second part of the consumer of the right to food safety overview, the author briefly discusses the development process \explain the need for consumer food safety right path, and focus. Consumer food safety in the third part of our right to the status quo, through theoretical combing consumers on the food security of the qualitative differences exist on its meaning and scope is not explicitly found that the current method; followed by the analysis of the legislative overview , in particular, the \The fourth part of our consumer food safety, Perfect Through theoretical analysis, the comparative study of the existing law and judicial practice typical case of profiling, clarifying the nature, content and scope of the consumer food safety rights, namely the right to consumer safety private rights above civil law, consumers in the food consumption process, enjoy life safety, physical security, health and safety, property safety and spiritual rights will not be harmed. The consumer has the right to require the production operators to provide safe food; consumers have the right to require the production operators to provide security; consumers have the right to require the production and management to make clear that effective warning instructions; consumers have the right to require the production and operation by defective food recall. I believe that should be on the \The realization of the right of consumers to food safety. In addition, I recommended the establishment of a small claims court procedures, and conditional use of the Group's litigation system in order to facilitate the speedy trial of a small consumer claims, but will also alleviate the existing judicial practice by drawing on the mature The strain on the resources of the pressure: the plight of food defects identified in the introduction of consumer expectations theory to solve the difficulty of proof. The author hopes that this study can be helpful in improving the legislation and judicial practice in order to better achieve the consumers' right to food safety and safeguarding the security of the life and health of consumers.

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