食品安全之私法救济机制的完善

On the Improvement of Private Law Relief Mechanism for Food Safety Problems

有鉴于食品安全事件近年来愈演愈烈的现状,本文深入探讨了食品安全的私法救济机制,即通过消费者提起民事诉讼获得赔偿的方法。目前,在诸多防止食品安全的机制中,私法救济机制被忽视了,然而其作用恰恰是最为重要的,私法救济机制可使受到损害的消费者获得充分的救济,剥夺不法厂商通过生产不安全食品而获得的不法收益。因此,应充分利用侵权责任法中的惩罚性损害赔偿制度,发挥公司法中的法人人格否认制度的功能,让控股股东承担连带责任,同时让食品生产企业的董事、监事、经理等高级管理人员承担连带责任。

In view of the ever growing seriousness of food safety incidents in recent years, the private law relief mechanism for food safety, which means that consumers obtain compensation with the help of civil lawsuits, is discussed. At present, there are several different mechanisms dealing with the food safety problems; the private law relief mechanism has been neglected, although its role is the most important. The private law relief mechanism can make the vast number of damaged consumers to obtain adequate relief and deprive illegal manufacturers of the illegal interests arising from the production and sale of harmful food. Therefore, we should make full use of the punitive damages system of the new tort law and apply the system of ＇piercing the veil of the corporation＇ in the corporation law to make the controlling shareholders be jointly and severally liable for the punitive damages and make the directors, supervisors, managers and other senior management personnel bear joint and several liability.