食品安全事故补偿基金制度研究

Research on the Compensation Fund System for Food Safety Accidents

近年来,我国食品安全事故频频发生,很多受害者身体受到损害但却无法得到及时有效的赔偿,最终导致严重后果。三鹿事件的圆满解决并不能完全复制,因此我们需要在事故发生前就建立一种具有公益补偿性质的基金制度,专门用于食品安全领域的争议解决。当受害者通过其他途径无法获得有效的赔偿和救济时,可以通过申请补偿基金来弥补自身损失。此种制度在食品安全领域完全处于空白状态,其建立需要解决很多问题,我国可以充分借鉴域外的先进经验,从补偿基金的运行模式、机构选择、基金来源与支出、监督监管等方面具体分析,结合我国实际情况建立食品安全事故补偿基金制度。In recent years, food safety accidents have occurred frequently in China, and many victims have suffered physical damage but are unable to receive timely and effective compensation, ultimately leading to serious consequences. The successful resolution of the Sanlu incident cannot be completely replicated, so we need to establish a fund system with a public welfare compensation nature before the accident occurs, specifically for resolving disputes in the field of food safety. When the victim is unable to obtain effective compensation and relief through other means, they can compensate for their own losses by applying for a compensation fund. This system is completely in a blank state in the field of food safety, and its establishment needs to solve many problems. China can fully draw on advanced experiences from outside the region, analyze the operation mode, institutional selection, fund sources and expenditures, supervision and supervision of compensation funds, and establish a food safety accident compensation fund system based on China’s actual situation.